Committee Report

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115th Congress } { Rept. 115-767
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
COORDINATED RESPONSE THROUGH INTERAGENCY STRATEGY AND INFORMATION
SHARING ACT
_______
June 20, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 5925]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 5925) to codify provisions relating
to the Office of National Drug Control, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 41
Background and Need for Legislation.............................. 41
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 49
Statement of General Performance Goals and Objectives............ 49
Legislative History.............................................. 49
Committee Consideration.......................................... 50
Roll Call Votes.................................................. 51
Explanation of Amendments........................................ 51
Application of Law to the Legislative Branch..................... 52
Duplication of Federal Programs.................................. 52
Disclosure of Directed Rule Makings.............................. 52
Federal Advisory Committee Act................................... 52
Unfunded Mandates Statement...................................... 53
Earmark Identification........................................... 53
Committee Estimate............................................... 53
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 53
Section-by-Section Analysis...................................... 55
Changes in Existing Law Made by the Bill, as Reported............ 63
Correspondence................................................... 125
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coordinated Response through
Interagency Strategy and Information Sharing Act'' or the ``CRISIS
Act''.
SEC. 2. OFFICE OF NATIONAL DRUG CONTROL.
(a) Redesignation.--The Office of National Drug Control Policy shall
be known as the ``Office of National Drug Control''.
(b) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Office of National Drug Control Policy is deemed to
refer to the Office of National Drug Control.
(c) Codification.--Subtitle I of title 31, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 10--OFFICE OF NATIONAL DRUG CONTROL
``subchapter i--office
``Sec.
``1001. Definitions.
``1002. Office of National Drug Control.
``1003. Administration of the office.
``1004. National drug control program budget.
``1005. National drug control strategy.
``1006. Development of an annual national drug control assessment.
``1007. Monitoring and evaluation of national drug control program.
``1008. Coordination and oversight of the national drug control
program.
``1009. Emerging threats taskforce, plan, media campaign.
``1010. National and international coordination.
``1011. Interdiction.
``1012. Treatment coordinator.
``1013. Critical information coordination.
``1014. Annual audit and investigation requirements.
``1015. Authorization of appropriations.
``subchapter ii--high intensity drug trafficking areas program
``1021. High intensity drug trafficking areas program.
``subchapter iii--drug-free communities support program
``1031. Establishment of drug-free communities support program.
``1032. Program authorization.
``1033. Information collection and dissemination with respect to grant
recipients.
``1034. Technical assistance and training.
``1035. Supplemental grants for coalition mentoring activities.
``1036. Authorization for National Community Antidrug Coalition
Institute.
``1037. Definitions.
``1038. Drug-free communities reauthorization.
``SUBCHAPTER I--OFFICE
``Sec. 1001. Definitions
``In this chapter:
``(1) Agency.--The term `agency' has the meaning given the
term `executive agency' in section 102.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on the Judiciary, the Committee
on Appropriations, and the Caucus on International
Narcotics Control of the Senate; and
``(B) the Committee on Oversight and Government
Reform, the Committee on the Judiciary, and the
Committee on Appropriations of the House of
Representatives.
``(3) Demand reduction.--The term `demand reduction' means
any activity conducted by a National Drug Control Program
Agency, other than an enforcement activity, that is intended to
reduce or prevent the use of drugs or support or provide
treatment and recovery efforts, including--
``(A) education about the dangers of illicit drug
use;
``(B) services, programs, or strategies to prevent
substance use disorder, including evidence-based
education campaigns, community-based prevention
programs, opioid diversion, collection and disposal of
unused prescription drugs, and services to at-risk
populations to prevent or delay initial use of an
illicit substance;
``(C) substance use disorder treatment;
``(D) illicit drug use research;
``(E) drug-free workplace programs;
``(F) drug testing, including the testing of
employees;
``(G) interventions for illicit drug use and
dependence;
``(H) expanding availability of access to health care
services for the treatment of substance use disorders;
``(I) international drug control coordination and
cooperation with respect to activities described in
this paragraph;
``(J) pre- and post-arrest criminal justice
interventions such as diversion programs, drug courts,
and the provision of evidence-based treatment to
individuals with substance use disorders who are
arrested or under some form of criminal justice
supervision, including medication assisted treatment;
``(K) other coordinated and joint initiatives among
Federal, State, local, and Tribal agencies to promote
comprehensive drug control strategies designed to
reduce the demand for, and the availability of, illegal
drugs;
``(L) international illicit drug use education,
prevention, treatment, recovery, research,
rehabilitation activities, and interventions for
illicit drug use and dependence; and
``(M) research related to any of the activities
described in this paragraph.
``(4) Director.--The term `Director' means the Director of
the Office of National Drug Control.
``(5) Drug.--The term `drug' has the meaning given the term
`controlled substance' in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)).
``(6) Drug control.--The term `drug control' means any
activity conducted by a National Drug Control Program Agency
involving supply reduction or demand reduction.
``(7) Emerging threat.--The term `emerging threat' means the
occurrence of a new and growing trend in the use of an illicit
drug or class of drugs, including rapid expansion in the supply
of or demand for such drug.
``(8) Illicit drug use; illicit drugs; illegal drugs.--The
terms `illicit drug use', `illicit drugs', and `illegal drugs'
include the illegal or illicit use of prescription drugs.
``(9) Law enforcement.--The term `law enforcement' or `drug
law enforcement' means all efforts by a Federal, State, local,
or Tribal government agency to enforce the drug laws of the
United States or any State, including investigation, arrest,
prosecution, and incarceration or other punishments or
penalties.
``(10) National drug control program.--The term `National
Drug Control Program' means programs, policies, and activities
undertaken by National Drug Control Program Agencies pursuant
to the responsibilities of such agencies under the National
Drug Control Strategy, including any activities involving
supply reduction, demand reduction, or State, local, and Tribal
affairs.
``(11) National drug control program agency.--The term
`National Drug Control Program Agency' means any agency (or
bureau, office, independent agency, board, division,
commission, subdivision, unit, or other component thereof) that
is responsible for implementing any aspect of the National Drug
Control Strategy, including any agency that receives Federal
funds to implement any aspect of the National Drug Control
Strategy, but does not include any agency that receives funds
for drug control activity solely under the National
Intelligence Program or the Military Intelligence Program.
``(12) National drug control strategy; strategy.--The term
`National Drug Control Strategy' or `Strategy' means the
strategy developed and submitted to Congress under section
1005.
``(13) Nonprofit organization.--The term `nonprofit
organization' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
``(14) Office.--The term `Office' means the Office of
National Drug Control.
``(15) State, local, and tribal affairs.--The term `State,
local, and Tribal affairs' means domestic activities conducted
by a National Drug Control Program Agency that are intended to
reduce the availability and use of illegal drugs, including--
``(A) coordination and enhancement of Federal, State,
local, and Tribal law enforcement drug control efforts;
``(B) coordination and enhancement of efforts among
National Drug Control Program Agencies and State,
local, and Tribal demand reduction and supply reduction
agencies;
``(C) coordination and enhancement of Federal, State,
local, and Tribal law enforcement initiatives to
gather, analyze, and disseminate information and law
enforcement intelligence relating to drug control among
domestic law enforcement agencies; and
``(D) other coordinated and joint initiatives among
Federal, State, local, and Tribal agencies to promote
comprehensive drug control strategies designed to
reduce the demand for, and the availability of, illegal
drugs.
``(16) Substance use disorder treatment.--The term `substance
use disorder treatment' means an evidence-based, professionally
directed, deliberate, and planned regimen including evaluation,
observation, medical monitoring, and rehabilitative services
and interventions such as pharmacotherapy, behavioral therapy,
and individual and group counseling, on an inpatient or
outpatient basis, to help patients with substance use disorder
reach recovery.
``(17) Supply reduction.--The term `supply reduction' means
any activity or program conducted by a National Drug Control
Program Agency that is intended to reduce the availability or
use of illegal drugs in the United States or abroad,
including--
``(A) law enforcement outside the United States;
``(B) domestic law enforcement;
``(C) source country programs, including economic
development programs primarily intended to reduce the
production or trafficking of illicit drugs;
``(D) activities to control international trafficking
in, and availability of, illegal drugs, including--
``(i) accurate assessment and monitoring of
international drug production and interdiction
programs and policies; and
``(ii) coordination and promotion of
compliance with international treaties relating
to the production, transportation, or
interdiction of illegal drugs;
``(E) activities to conduct and promote international
law enforcement programs and policies to reduce the
supply of drugs;
``(F) activities to facilitate and enhance the
sharing of domestic and foreign intelligence
information among National Drug Control Program
Agencies, relating to the production and trafficking of
drugs in the United States and in foreign countries;
``(G) activities to prevent the diversion of drugs
for their illicit use; and
``(H) research related to any of the activities
described in this paragraph.
``Sec. 1002. Office of National Drug Control
``(a) Establishment of Office.--There is established in the Executive
Office of the President an Office of National Drug Control, which
shall--
``(1) lead national drug control efforts, including
developing and assessing implementation of evidence-based drug
control policy;
``(2) coordinate and oversee the implementation of the
national drug control policy, including the National Drug
Control Strategy;
``(3) assess and certify the adequacy of National Drug
Control Programs and the budget for those programs;
``(4) monitor and evaluate the effectiveness of national drug
control policy efforts, including the National Drug Control
Program Agencies' programs, by developing and applying specific
goals and performance measurements and tracking program-level
spending;
``(5) identify and respond to emerging threats related to
illicit drug use;
``(6) administer and evaluate grant programs in furtherance
of the National Drug Control Strategy; and
``(7) facilitate broad-scale information sharing and data
standardization among Federal, State, and local entities to
support the national drug control efforts.
``(b) Director of National Drug Control and Deputy Directors.--
``(1) Director.--
``(A) In general.--There shall be at the head of the
Office a Director who shall hold the same rank and
status as the head of an executive department listed in
section 101 of title 5, United States Code.
``(B) Appointment.--The Director shall be appointed
by the President, by and with the advice and consent of
the Senate, and shall serve at the pleasure of the
President.
``(2) Deputy director.--
``(A) In general.--There shall be a Deputy Director
who shall report directly to the Director, be appointed
by the President, and serve at the pleasure of the
President.
``(B) Responsibilities.--The Deputy Director shall--
``(i) carry out the responsibilities
delegated by the Director; and
``(ii) be responsible for effectively
coordinating with the Coordinators.
``(c) Responsibilities.--
``(1) Policies, goals, objectives, and priorities.--The
Director shall assist the President in directing national drug
control efforts, including establishing policies, goals,
objectives, and priorities for the National Drug Control
Program that are based on evidence-based research.
``(2) Consultation.--To formulate the National Drug Control
policies, goals, objectives, and priorities, the Director--
``(A) shall consult with--
``(i) State and local governments;
``(ii) National Drug Control Program
Agencies;
``(iii) each committee, working group,
council, or other entity established under this
chapter, as appropriate;
``(iv) the public;
``(v) appropriate congressional committees;
and
``(vi) any other person in the discretion of
the Director; and
``(B) may--
``(i) establish advisory councils;
``(ii) acquire data from agencies; and
``(iii) request data from any other entity.
``Sec. 1003. Administration of the office
``(a) Employment.--
``(1) Authority of the director.--The Director may select,
appoint, employ, and fix compensation of such officers and
employees of the Office as may be necessary to carry out the
functions of the Office under this chapter.
``(2) Prohibitions.--
``(A) Generally.--No person shall serve as Director
or Deputy Director while serving in any other position
in the Federal Government.
``(B) Prohibition on political campaigning.--Any
officer or employee of the Office who is appointed to
that position by the President, by and with the advice
and consent of the Senate, may not participate in
Federal election campaign activities, except that such
official is not prohibited by this paragraph from
making contributions to individual candidates.
``(b) Prohibition on the Use of Funds for Political Campaigns or
Ballot Initiatives.--No funds authorized under this chapter may be
obligated for the purpose of influencing any Federal, State, or local
election or ballot initiative.
``(c) Personnel Detailed to Office.--
``(1) Evaluations.--Notwithstanding any provision of chapter
43 of title 5, the Director shall perform the evaluation of the
performance of any employee detailed to the Office for purposes
of the applicable performance appraisal system established
under such chapter for any rating period, or part thereof, that
such employee is detailed to such office.
``(2) Compensation.--
``(A) Bonus payments.--Subject to the availability of
appropriations, the Director may provide periodic bonus
payments to any employee detailed to the Office.
``(B) Restrictions.--An amount paid under this
paragraph to an employee for any period--
``(i) shall not be greater than 20 percent of
the basic pay paid or payable to such employee
for such period; and
``(ii) shall be in addition to the basic pay
of such employee.
``(C) Aggregate amount.--The aggregate amount paid
during any fiscal year to an employee detailed to the
Office as basic pay, awards, bonuses, and other
compensation shall not exceed the annual rate payable
at the end of such fiscal year for positions at level
III of the Executive Schedule.
``(d) Congressional Access to Information.--The location of the
Office in the Executive Office of the President shall not be construed
as affecting access by Congress, or any committee of the House of
Representatives or the Senate, to any--
``(1) information, document, or study in the possession of,
or conducted by or at the direction of the Director; or
``(2) personnel of the Office.
``(e) Other Authorities of the Director.--In carrying out this
chapter, the Director may--
``(1) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and
facilities of Federal, State, and local agencies;
``(2) procure the services of experts and consultants in
accordance with section 3109 of title 5 relating to
appointments in the Federal Service, at rates of compensation
for individuals not to exceed the daily equivalent of the rate
of pay payable under level IV of the Executive Schedule under
section 5311 of such title; and
``(3) use the mails in the same manner as any other agency.
``(f) General Services Administration.--The Administrator of General
Services shall provide to the Director, on a reimbursable basis, such
administrative support services as the Director may request.
``Sec. 1004. National drug control program budget
``(a) Budget Recommendations.--Not later than July 1 of each year,
the Director shall provide to the head of each National Drug Control
Program Agency budget recommendations, including requests for specific
initiatives that are consistent with the priorities of the President
under the National Drug Control Strategy, which shall--
``(1) apply to the budget for the next fiscal year scheduled
for formulation under chapter 11, and each of the 4 subsequent
fiscal years; and
``(2) address funding priorities developed in the National
Drug Control Strategy.
``(b) Responsibilities of National Drug Control Program Agencies.--
``(1) In general.--For each fiscal year, the head of each
National Drug Control Program Agency shall transmit to the
Director a copy of the proposed drug control budget request of
such agency at the same time as that budget request is
submitted to their superiors (and before submission to the
Office of Management and Budget) in the preparation of the
budget of the President submitted to Congress under section
1105(a).
``(2) Submission of drug control budget requests.--The head
of each National Drug Control Program Agency shall ensure
timely development and submission to the Director of each
proposed drug control budget request transmitted pursuant to
this subsection, in such format as may be designated by the
Director with the concurrence of the Director of the Office of
Management and Budget.
``(3) Content of drug control budget requests.--A drug
control budget request submitted by the head of a National Drug
Control Program Agency under this subsection shall include all
requests for funds for any drug control activity undertaken by
such agency, including demand reduction, supply reduction, and
State, local, and Tribal affairs, including any drug law
enforcement activities. If an activity has both drug control
and nondrug control purposes or applications, such agency shall
estimate by a documented calculation the total funds requested
for that activity that would be used for drug control, and
shall set forth in its request the basis and method for making
the estimate.
``(c) Review and Certification of Budget Requests and Budget
Submissions of National Drug Control Program Agencies.--
``(1) In general.--The Director shall review each drug
control budget request submitted to the Director under
subsection (b).
``(2) Review of budget requests.--
``(A) Inadequate requests.--If the Director concludes
that a budget request submitted under subsection (b) is
inadequate, in whole or in part, to implement the
objectives of the National Drug Control Strategy with
respect to the agency or program at issue for the year
for which the request is submitted, the Director shall
submit to the head of the applicable National Drug
Control Program Agency a written description
identifying the funding levels and specific initiatives
that would, in the determination of the Director, make
the request adequate to implement those objectives.
``(B) Adequate requests.--If the Director concludes
that a budget request submitted under subsection (b) is
adequate to implement the objectives of the National
Drug Control Strategy with respect to the agency or
program at issue for the year for which the request is
submitted, the Director shall submit to the head of the
applicable National Drug Control Program Agency a
written statement confirming the adequacy of the
request.
``(C) Record.--The Director shall maintain a record
of each description submitted under subparagraph (A)
and each statement submitted under subparagraph (B).
``(3) Specific requests.--The Director shall not confirm the
adequacy of any budget request that requests a level of funding
that will not enable achievement of the goals of the National
Drug Control Strategy, including--
``(A) requests funding for Federal law enforcement
activities that do not adequately compensate for
transfers of drug enforcement resources and personnel
to law enforcement and investigation activities;
``(B) requests funding for law enforcement activities
on the borders of the United States that do not
adequately direct resources to drug interdiction and
enforcement;
``(C) requests funding for drug treatment activities
that do not provide adequate results and accountability
measures;
``(D) requests funding for drug treatment activities
that do not adequately support and enhance Federal drug
treatment programs and capacity; and
``(E) requests funding for the operations and
management of the Department of Homeland Security that
does not include a specific request for funds for the
Office of Counternarcotics Enforcement to carry out its
responsibilities under section 878 of the Homeland
Security Act of 2002 (6 U.S.C. 458).
``(4) Agency response.--
``(A) In general.--The head of a National Drug
Control Program Agency that receives a description
under paragraph (2)(A) shall include the funding levels
and initiatives described by the Director in the budget
submission for that agency to the Office of Management
and Budget.
``(B) Impact statement.--The head of a National Drug
Control Program Agency that has altered its budget
submission under this paragraph shall include as an
appendix to the budget submission for that agency to
the Office of Management and Budget an impact statement
that summarizes--
``(i) the changes made to the budget under
this paragraph; and
``(ii) the impact of those changes on the
ability of that agency to perform its other
responsibilities, including any impact on
specific missions or programs of the agency.
``(C) Congressional notification.--The head of a
National Drug Control Program Agency shall submit a
copy of any impact statement under subparagraph (B) to
the Senate, the House of Representatives, and the
appropriate congressional committees, at the time the
budget for that agency is submitted to Congress under
section 1105(a).
``(5) Certification of budget submissions.--
``(A) In general.--At the time a National Drug
Control Program Agency submits its budget request to
the Office of Management and Budget, the head of the
National Drug Control Program Agency shall submit a
copy of the budget request to the Director.
``(B) Review and certification of submissions.--The
Director shall review each budget submission submitted
under subparagraph (A) and submit to the appropriate
congressional committees one of the following:
``(i) A written certification of the budget
request for the agency indicating such request
fully funds the National Drug Control Programs
as necessary to achieve the goals of the
National Drug Control Strategy, including a
written statement explaining the basis for the
determination that the budget provides
sufficient resources for the agency to achieve
the goals of the Strategy.
``(ii) A written certification of the budget
request for the agency indicating such request
partially funds the National Drug Control
Programs as necessary to achieve the goals of
the Strategy, including a written statement
explaining the basis for the determination and
identifying the level of funding sufficient to
achieve the goals of the Strategy.
``(iii) A written decertification of the
budget request for the agency indicating the
Director is unable to determine whether such
budget request for the agency fully funds or
partially funds the National Drug Control
Programs as necessary to achieve the goals of
the National Drug Control Strategy, including a
written statement identifying the additional
information necessary for the Director to make
a determination on such budget and the level of
funding sufficient to achieve the goals of the
Strategy.
``(iv) A written decertification of the
budget request for the agency indicating that
such budget is insufficient to fund the
National Drug Control Programs as necessary to
achieve the goals of the Strategy, including a
written statement explaining the basis for the
determination that the budget is insufficient
and identifying the level of funding sufficient
to achieve the goals of the Strategy.
``(d) National Drug Control Program Budget Proposal.--For each fiscal
year, following the transmission of proposed drug control budget
requests to the Director under subsection (b), the Director shall, in
consultation with the head of each National Drug Control Program Agency
and the head of each major national organization that represents law
enforcement officers, agencies, or associations--
``(1) develop a consolidated National Drug Control Program
budget proposal designed to implement the National Drug Control
Strategy and to inform Congress and the public about the total
amount proposed to be spent on all supply reduction, demand
reduction, State, local, and Tribal affairs, including any drug
law enforcement, and other drug control activities by the
Federal Government, which shall conform to the content
requirements set forth in subsection (b)(3) and include--
``(A) for each National Drug Control Program Agency,
a list of whether the funding level is full, partial,
or insufficient to achieve the goals of the National
Drug Control Strategy or whether the Director is unable
to determine whether the budget request for the agency
fully funds or partially funds the agency's activities
and contributions as necessary to achieve the goals of
National Drug Control Strategy;
``(B) a statement describing the extent to which any
budget of a National Drug Control Program Agency with
less than full funding hinders progress on achieving
the goals of the National Drug Control Strategy; and
``(C) alternative funding structures that could
improve progress on achieving the goals of the National
Drug Control Strategy; and
``(2) submit the consolidated budget proposal to the
President and Congress.
``(e) Budget Estimate or Request Submission to Congress.--Whenever
the Director submits any budget estimate or request to the President or
the Office of Management and Budget, the Director shall concurrently
transmit copies of that estimate or request to the appropriate
congressional committees.
``(f) Reprogramming and Transfer Requests.--
``(1) In general.--No National Drug Control Program Agency
shall submit to Congress a reprogramming or transfer request
with respect to any amount of appropriated funds in an amount
exceeding $1,000,000 that is included in the National Drug
Control Program budget unless the request has been approved by
the Director. If the Director has not responded to a request
for reprogramming subject to this paragraph within 30 days
after receiving notice of the request having been made, the
request shall be deemed approved by the Director under this
paragraph and forwarded to Congress.
``(2) Appeal.--The head of any National Drug Control Program
Agency may appeal to the President any disapproval by the
Director of a reprogramming or transfer request under this
subsection.
``Sec. 1005. National drug control strategy
``(a) In General.--
``(1) Statement of drug policy priorities.--The Director
shall release a statement of drug policy priorities in the
calendar year of a Presidential inauguration following the
inauguration but not later than April 1.
``(2) National drug control strategy submitted by the
president.--Not later than the first Monday in February
following the year in which the term of the President
commences, the President shall submit to Congress a National
Drug Control Strategy.
``(b) Development of the National Drug Control Strategy.--
``(1) Promulgation.--The Director shall promulgate the
National Drug Control Strategy, which shall set forth a
comprehensive plan to reduce illicit drug use and the
consequences of such illicit drug use in the United States by
limiting the availability of and reducing the demand for
illegal drugs and promoting prevention, early intervention,
treatment, and recovery support for individuals with substance
use disorders.
``(2) State and local commitment.--The Director shall seek
the support and commitment of State, local, and Tribal
officials in the formulation and implementation of the National
Drug Control Strategy.
``(3) Strategy based on evidence.--The Director shall ensure
the National Drug Control Strategy is based on the best
available medical and scientific evidence regarding the
policies that are most effective in reducing the demand for and
supply of illegal drugs.
``(4) Process for development and submission of national drug
control strategy.--In developing and effectively implementing
the National Drug Control Strategy, the Director--
``(A) shall consult with--
``(i) the heads of the National Drug Control
Program Agencies;
``(ii) the United States Interdiction
Coordinator;
``(iii) the Interdiction Committee;
``(iv) the appropriate congressional
committees and any other committee of
jurisdiction;
``(v) State, local, and Tribal officials;
``(vi) private citizens and organizations,
including community and faith-based
organizations, with experience and expertise in
demand reduction;
``(vii) private citizens and organizations
with experience and expertise in supply
reduction; and
``(viii) appropriate representatives of
foreign governments; and
``(B) in satisfying the requirements of subparagraph
(A), shall ensure, to the maximum extent possible, that
State, local, and Tribal officials and relevant private
organizations commit to support and take steps to
achieve the goals and objectives of the National Drug
Control Strategy.
``(c) Contents of the National Drug Control Strategy.--
``(1) In general.--The National Drug Control Strategy
submitted under subsection (a)(2) shall include the following:
``(A) A description of the current prevalence of
illicit drug use in the United States, including both
the availability of illicit drugs and the prevalence of
substance use disorders, which shall include the
following:
``(i) Such description for the previous three
years for any drug identified as an emerging
threat under section 1009 and any other illicit
drug identified by the Director as having a
significant impact on the prevalence of illicit
drug use.
``(ii) A summary of the data and trends
presented in the Drug Control Data Dashboard
required under section 1013.
``(B) A mission statement detailing the major
functions of the National Drug Control Program.
``(C) A list of comprehensive, research-based, long-
range, quantifiable goals for reducing illicit drug
use, including--
``(i) the percentage of the total flow of
illicit drugs to be interdicted during the time
period covered by the Strategy; and
``(ii) the number of individuals to receive
treatment for substance use disorders.
``(D) A description of how each goal listed in the
National Drug Control Strategy will be achieved,
including--
``(i) a list of relevant National Drug
Control Program Agencies and each such agency's
related programs, activities, and available
assets and the role of each such program,
activity, and asset in achieving the goal;
``(ii) a list of relevant stakeholders and
each such stakeholder's role in achieving the
goal;
``(iii) an estimate of Federal funding and
other resources needed to achieve each goal;
``(iv) an identification of existing or new
coordinating mechanisms needed to achieve the
goal; and
``(v) a description of the Office's role in
facilitating the achievement of such goal.
``(E) For each year covered by the Strategy, a
performance evaluation plan for each goal listed in the
National Drug Control Strategy for each National Drug
Control Program Agency, including--
``(i) specific performance measures for each
National Drug Control Program Agency and each
such agency's related programs and activities;
``(ii) annual and quarterly objectives and
targets for each performance measure; and
``(iii) an estimate of Federal funding and
other resources needed to achieve each
performance measure.
``(F) A list identifying existing data sources or a
description of data collection needed to evaluate
performance, including a description of how the
Director will obtain such data.
``(G) A list of anticipated challenges to achieving
the National Drug Control Strategy goals and planned
actions to address such challenges;
``(H) A description of how each goal was determined,
including--
``(i) a description of each required
consultation and how such consultation was
incorporated;
``(ii) data, research, or other information
used to inform the decision; and
``(iii) a statement of whether the goal
established in subparagraph (C)(i) will be
adequate to disrupt drug trafficking
organizations that supply the majority of
foreign-sourced illicit drugs trafficked into
the United States.
``(I) A 5-year projection for program and budget
priorities.
``(J) A review of international, State, local, and
private sector drug control activities to ensure that
the United States pursues coordinated and effective
drug control at all levels of government.
``(K) Such statistical data and information as the
Director considers appropriate to demonstrate and
assess trends relating to illicit drug use, the effects
and consequences of illicit drug use (including the
effects on children), supply reduction, demand
reduction, drug-related law enforcement, and the
implementation of the National Drug Control Strategy.
``(2) Additional strategies.--
``(A) In general.--The Director shall include in the
National Drug Control Strategy the additional
strategies required under this paragraph and shall
comply with the following:
``(i) Provide a copy of the additional
strategies to the appropriate congressional
committees and to the Committee on Armed
Services and the Committee on Homeland Security
of the House of Representatives, and the
Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of
the Senate.
``(ii) Issue the additional strategies in
consultation with the head of each relevant
National Drug Control Program Agency and any
relevant official of a State, local or Tribal
government, and the government of other
countries.
``(iii) Not change any existing agency
authority or construe any strategy described
under this paragraph to amend or modify any law
governing interagency relationship but may
include recommendations about changes to such
authority or law.
``(iv) Present separately from the rest of
any strategy described under this paragraph any
information classified under criteria
established by an Executive order, or whose
public disclosure, as determined by the
Director or the head of any relevant National
Drug Control Program Agency, would be
detrimental to the law enforcement or national
security activities of any Federal, State,
local, or Tribal agency.
``(B) Requirement for southwest border
counternarcotics.--
``(i) Purposes.--The Southwest Border
Counternarcotics Strategy shall--
``(I) set forth the Government's
strategy for preventing the illegal
trafficking of drugs across the
international border between the United
States and Mexico, including through
ports of entry and between ports of
entry on that border;
``(II) state the specific roles and
responsibilities of the relevant
National Drug Control Program Agencies
for implementing that strategy; and
``(III) identify the specific
resources required to enable the
relevant National Drug Control Program
Agencies to implement that strategy.
``(ii) Specific content related to drug
tunnels between the united states and mexico.--
The Southwest Border Counternarcotics Strategy
shall include--
``(I) a strategy to end the
construction and use of tunnels and
subterranean passages that cross the
international border between the United
States and Mexico for the purpose of
illegal trafficking of drugs across
such border; and
``(II) recommendations for criminal
penalties for persons who construct or
use such a tunnel or subterranean
passage for such a purpose.
``(C) Requirement for northern border
counternarcotics strategy.--
``(i) Purposes.--The Northern Border
Counternarcotics Strategy shall--
``(I) set forth the strategy of the
Federal Government for preventing the
illegal trafficking of drugs across the
international border between the United
States and Canada, including through
ports of entry and between ports of
entry on the border;
``(II) state the specific roles and
responsibilities of each relevant
National Drug Control Program Agency
for implementing the strategy;
``(III) identify the specific
resources required to enable the
relevant National Drug Control Program
Agencies to implement the strategy;
``(IV) be designed to promote, and
not hinder, legitimate trade and
travel; and
``(V) reflect the unique nature of
small communities along the
international border between the United
States and Canada, ongoing cooperation
and coordination with Canadian law,
enforcement authorities, and variations
in the volumes of vehicles and
pedestrians crossing through ports of
entry along the international border
between the United States and Canada.
``(ii) Specific content related to cross-
border indian reservations.--The Northern
Border Counternarcotics Strategy shall
include--
``(I) a strategy to end the illegal
trafficking of drugs to or through
Indian reservations on or near the
international border between the United
States and Canada; and
``(II) recommendations for additional
assistance, if any, needed by Tribal
law enforcement agencies relating to
the strategy, including an evaluation
of Federal technical and financial
assistance, infrastructure capacity
building, and interoperability
deficiencies.
``(3) Classified information.--Any contents of the National
Drug Control Strategy that involve information properly
classified under criteria established by an Executive order
shall be presented to Congress separately from the rest of the
National Drug Control Strategy.
``(4) Selection of data and information.--In selecting data
and information for inclusion under paragraph (1), the Director
shall ensure--
``(A) the inclusion of data and information that will
permit analysis of current trends against previously
compiled data and information where the Director
believes such analysis enhances long-term assessment of
the National Drug Control Strategy; and
``(B) the inclusion of data and information to permit
a standardized and uniform assessment of the
effectiveness of drug treatment programs in the United
States.
``(d) Annual Performance Supplement.--Not later than the first Monday
in February of each year following the year in which the National Drug
Control Strategy is submitted pursuant to subsection (a)(2), the
Director shall submit to the appropriate congressional committees a
supplement to the Strategy that shall include--
``(1) annual and quarterly quantifiable and measurable
objectives and specific targets to accomplish long-term
quantifiable goals specified in the Strategy; and
``(2) for each year covered by the Strategy, a performance
evaluation plan for each goal listed in the Strategy for each
National Drug Control Program Agency, including--
``(A) specific performance measures for each National
Drug Control Program Agency and each such agency's
related programs and activities;
``(B) annual and quarterly objectives and targets for
each performance measure; and
``(C) an estimate of Federal funding and other
resources needed to achieve each performance measure.
``(e) Submission of Revised Strategy.--The President may submit to
Congress a revised National Drug Control Strategy that meets the
requirements of this section--
``(1) at any time, upon a determination of the President, in
consultation with the Director, that the National Drug Control
Strategy in effect is not sufficiently effective; or
``(2) if a new President or Director takes office.
``(f) Failure of President to Submit National Drug Control
Strategy.--If the President does not submit a National Drug Control
Strategy to Congress in accordance with subsection (a)(2), not later
than five days after the first Monday in February following the year in
which the term of the President commences, the President shall send a
notification to the appropriate congressional committees--
``(1) explaining why the Strategy was not submitted; and
``(2) specifying the date by which the Strategy will be
submitted.
``Sec. 1006. Development of an annual national drug control assessment
``(a) Timing.--Not later than the first Monday in February of each
year, the Director shall submit to the President, Congress, and the
appropriate congressional committees, a report assessing the progress
of each National Drug Control Program Agency toward achieving the
annual goals, objectives, and targets contained in the National Drug
Control Strategy applicable to the prior fiscal year.
``(b) Process for Development of the Annual Assessment.--Not later
than November 1 of each year, the head of each National Drug Control
Program Agency shall submit, in accordance with guidance issued by the
Director, to the Director an evaluation of progress by the agency with
respect to drug control program goals using the performance measures
for the agency developed under this section, including progress with
respect to--
``(1) success in achieving the goals of the National Drug
Control Strategy;
``(2) success in reducing domestic and foreign sources of
illegal drugs;
``(3) success in expanding access to and increasing the
effectiveness of substance use disorder treatment;
``(4) success in protecting the borders of the United States
(and in particular the Southwestern border of the United
States) from penetration by illegal narcotics;
``(5) success in reducing crime associated with drug use in
the United States;
``(6) success in reducing the negative health and social
consequences of drug use in the United States; and
``(7) implementation of drug treatment and prevention
programs in the United States and improvements in the adequacy
and effectiveness of such programs.
``(c) Contents of the Annual Assessment.--The Director shall include
in the annual assessment required under subsection (a)--
``(1) a summary of each evaluation received by the Director
under subsection (b);
``(2) a summary of the progress of each National Drug Control
Program Agency toward the drug control program goals of the
agency using the performance measures for the agency developed
under this section;
``(3) an assessment of the effectiveness of each Drug Control
Program agency and program in achieving the National Drug
Control Strategy for the previous year, including a specific
evaluation of whether the applicable goals, measures,
objectives, and targets for the previous year were met;
``(4) for National Drug Control Program Agencies that
administer grant programs, an evaluation of the effectiveness
of each grant program, including an accounting of the funds
disbursed by the program in the prior year and a summary of how
those funds were used by the grantees and sub-grantees during
that period;
``(5) a detailed accounting of the amount of funds obligated
by each National Drug Control Program Agency in carrying out
the responsibilities of that agency under the Strategy,
including the information submitted to the Director under
section 1007(b);
``(6) an assessment of the effectiveness of any Emerging
Threat Response Plan in effect for the previous year, including
a specific evaluation of whether the objectives and targets
were met and reasons for the success or failure of the previous
year's plan;
``(7) a detailed accounting of the amount of funds obligated
during the previous fiscal year for carrying out the media
campaign under section 1009(d), including each recipient of
funds, the purpose of each expenditure, the amount of each
expenditure, any available outcome information, and any other
information necessary to provide a complete accounting of the
funds expended; and
``(8) the assessments required under this subsection shall be
based on the Performance Measurement System describe in
subsection (d).
``(d) Performance Measurement System.--The Director shall include in
the annual assessment required under subsection (a) a national drug
control performance measurement system, that--
``(1) develops annual, 2-year, and 5-year performance
measures, objectives, and targets for each National Drug
Control Strategy goal and objective established for reducing
drug use, availability, and the consequences of drug use;
``(2) describes the sources of information and data that will
be used for each performance measure incorporated into the
performance measurement system;
``(3) identifies major programs and activities of the
National Drug Control Program Agencies that support the goals
and annual objectives of the National Drug Control Strategy;
``(4) evaluates the contribution of demand reduction and
supply reduction activities implemented by each National Drug
Control Program Agency in support of the National Drug Control
Strategy;
``(5) monitors consistency between the drug-related goals,
measures, targets, and objectives of the National Drug Control
Program Agencies and ensures that each agency's goals and
budgets support, and are fully consistent with, the National
Drug Control Strategy; and
``(6) coordinates the development and implementation of
national drug control data collection and reporting systems to
support policy formulation and performance measurement,
including an assessment of--
``(A) the quality of current drug use measurement
instruments and techniques to measure supply reduction
and demand reduction activities;
``(B) the adequacy of the coverage of existing
national drug use measurement instruments and
techniques to measure the illicit drug user population,
and groups that are at risk for illicit drug use;
``(C) the adequacy of the coverage of existing
national treatment outcome monitoring systems to
measure the effectiveness of substance use disorder
treatment in reducing illicit drug use and criminal
behavior during and after the completion of substance
use disorder treatment; and
``(D) the actions the Director shall take to correct
any deficiencies and limitations identified pursuant to
subparagraphs (A), (B), and (C).
``(e) Modifications.--A description of any modifications made during
the preceding year to the national drug performance measurement system
described in subsection (d) shall be included in each report submitted
under subsection (a).
``(f) Annual Report on Consultation.--The Director shall include in
the annual assessment required under subsection (a)--
``(1) a detailed description of how the Office has consulted
with and assisted State, local, and Tribal governments with
respect to the formulation and implementation of the National
Drug Control Strategy and other relevant issues; and
``(2) a general review of the status of, and trends in,
demand reduction activities by private sector entities and
community-based organizations, including faith-based
organizations, to determine their effectiveness and the extent
of cooperation, coordination, and mutual support between such
entities and organizations and Federal, State, local, and
Tribal government agencies.
``(g) Performance-budget Coordinator.--
``(1) Designation.--The Director shall designate or appoint a
United States Performance-Budget Coordinator to--
``(A) ensure the Director has sufficient information
about the performance of each National Drug Control
Program Agency, the impact Federal funding has had on
the goals in the Strategy, and the likely contributions
to the goals of the Strategy based on funding levels of
each National Drug Control Program Agency, to make an
independent assessment of the budget request of each
agency under section 1004;
``(B) advise the Director on agency budgets,
performance measures and targets, and additional data
and research needed to make informed policy decisions
in the National Drug Control Budget and Strategy; and
``(C) other duties as may be determined by the
Director with respect to measuring or assessing
performance or agency budgets.
``(2) Determination of position.--The Director shall
determine whether the coordinator position is a career or
noncareer position in the Senior Executive Service.
``Sec. 1007. Monitoring and evaluation of national drug control program
``(a) In General.--The Director shall monitor implementation of the
National Drug Control Program and the activities of the National Drug
Control Program Agencies in carrying out the goals and objectives of
the National Drug Control Strategy including--
``(1) conducting program and performance audits and
evaluations; and
``(2) requesting assistance from the Inspector General of the
relevant agency in such audits and evaluations.
``(b) Accounting of Funds Expended.--Not later than December 1 of
each year and in accordance with guidance issued by the Director, the
head of each National Drug Control Program Agency shall submit to the
Director a detailed accounting of all funds expended by the agency for
National Drug Control Program activities during the previous fiscal
year and shall ensure such detailed accounting is authenticated by the
Inspector General for such agency prior to submission to the Director.
``(c) Notification.--The Director shall notify any National Drug
Control Program Agency if its activities are not in compliance with the
responsibilities of the agency under the National Drug Control
Strategy, transmit a copy of each such notification to the President
and the appropriate congressional committees, and maintain a copy of
each such notification.
``(d) Recommendations.--The Director shall make such recommendations
to the President and the appropriate congressional committees as the
Director determines are appropriate regarding changes in the
organization, management, and budgets of the National Drug Control
Program Agencies, and changes in the allocation of personnel to and
within those agencies, to implement the policies, goals, priorities,
and objectives established under section 1002(c)(1) and the National
Drug Control Strategy.
``(e) Authorization, Development, and Implementation of a Coordinated
Tracking System.--
``(1) Establishment.--The Director, shall establish a
coordinated tracking system of federally-funded initiatives and
grant programs which shall--
``(A) be the central repository of all relevant
grants;
``(B) identify duplication, overlap, or gaps in
funding to provide increased accountability of
federally-funded grants for substance abuse treatment,
prevention, and enforcement;
``(C) identify impediments that applicants currently
have in the grant application process with applicable
agencies; and
``(D) be developed and maintained by the Office with
the support of designated National Drug Control Program
Agencies, and any other agency determined by the
Director.
``(2) Performance metrics.--The Director shall identify
metrics and achievable goals for grant recipients in
furtherance of the Strategy. Such metrics should be used to
measure how effective each federally funded initiative is in
achieving the objectives of the Strategy and to enable
comparisons of federally funded initiatives to identify those
that are the most cost effective.
``(3) Grant application standardization.--The Director, in
consultation with the head of each National Drug Control
Program Agency, shall develop a plan for coordinating and
standardizing drug control grant application processes and
develop a joint application to be used by all National Drug
Control Program Agencies to reduce the administrative burden
and improve oversight of Federal funds.
``(4) Central portal.--The Director shall maintain on the
public, electronic portal of the Office a list all drug control
grant award opportunities available in a central location. The
head of each National Drug Control Program Agency shall provide
a complete list of all drug control program grant award
opportunities to the Director and annually update such list.
``(5) Report to congress.--The Director shall include in the
assessment submitted to Congress under section 1006 an
assessment on progress under this section and the feasibility
of block grants of Federal funding to States.
``Sec. 1008. Coordination and oversight of the national drug control
program
``(a) In General.--The Director shall coordinate and oversee the
implementation by the National Drug Control Program Agencies of the
policies, goals, objectives, and priorities established under section
1002(c)(1) and the fulfillment of the responsibilities of such agencies
under the National Drug Control Strategy and make recommendations to
National Drug Control Program Agency heads with respect to
implementation of National Drug Control Programs.
``(b) Detailing Employees to Other Agencies.--
``(1) Request.--The Director may request the head of an
agency or program of the Federal Government to place agency
personnel who are engaged in drug control activities on
temporary detail to another agency in order to implement the
National Drug Control Strategy.
``(2) Agency compliance.--The head of the agency shall comply
with such a request.
``(3) Maximum number of detailees.--The maximum number of
personnel who may be detailed to another agency (including the
Office) under this subsection during any fiscal year is--
``(A) for the Department of Defense, 50; and
``(B) for any other agency, 10.
``(c) Directing Federal Funding.--The Director may transfer funds
made available to a National Drug Control Program Agency for National
Drug Control Strategy programs and activities to another account within
such agency or to another National Drug Control Program Agency for
National Drug Control Strategy programs and activities, except that--
``(1) the authority under this subsection may be limited in
an annual appropriations Act or other provision of Federal law;
``(2) the Director may exercise the authority under this
subsection only with the concurrence of the head of each
affected agency;
``(3) in the case of an interagency transfer, the total
amount of transfers under this subsection may not exceed 3
percent of the total amount of funds made available for
National Drug Control Strategy programs and activities to the
agency from which those funds are to be transferred;
``(4) funds transferred to an agency under this subsection
may only be used to increase the funding for programs or
activities authorized by law;
``(5) the Director shall--
``(A) submit to the appropriate congressional
committees and any other applicable committees of
jurisdiction, a reprogramming or transfer request in
advance of any transfer under this subsection in
accordance with the regulations of the affected agency
or agencies; and
``(B) annually submit to the appropriate
congressional committees a report describing the effect
of all transfers of funds made pursuant to this
subsection or section 1004(f) during the 12-month
period preceding the date on which the report is
submitted; and
``(6) funds may only be used for--
``(A) expansion of demand reduction activities;
``(B) interdiction of illicit drugs on the high seas,
in United States territorial waters, and at United
States ports of entry by officers and employees of Drug
Control Program Agencies and domestic and foreign law
enforcement officers;
``(C) accurate assessment and monitoring of
international drug production and interdiction programs
and policies;
``(D) activities to facilitate and enhance the
sharing of domestic and foreign intelligence
information among Drug Control Program Agencies related
to the production and trafficking of drugs in the
United States and foreign countries; and
``(E) activities to prevent the diversion of
prescription drugs for illicit use and research related
to any of these activities.
``(d) Directing Federal Funding to Respond to Emerging Threats.--
``(1) In general.--The Director may transfer funds made
available to a National Drug Control Program Agency for
National Drug Control Strategy programs and activities to
another account within such agency or to another National Drug
Control Program Agency for National Drug Control Strategy
programs and activities to implement the provisions of a plan
developed under section 1009, except that--
``(A) the authority under this subsection may be
limited in an annual appropriations Act or other
provision of Federal law;
``(B) in the case of an interagency transfer, the
total amount of transfers under this subsection may not
exceed 10 percent of the total amount of funds made
available for National Drug Control Strategy programs
and activities to the agency from which those funds are
to be transferred;
``(C) funds transferred to an agency under this
subsection may only be used to increase the funding for
programs or activities authorized by law;
``(D) no transfer of funds under this subsection may
result in a reduction in total Federal expenditures for
substance use disorder treatment;
``(E) the Director shall--
``(i) submit to the appropriate congressional
committees and any other applicable committees
of jurisdiction, a reprogramming or transfer
request in advance of any transfer under this
subsection in accordance with the regulations
of each affected agency; and
``(ii) annually submit to the appropriate
congressional committees a report describing
the effect of all transfers of funds made
pursuant to this subsection or section 1004(f)
during the 12-month period preceding the date
on which the report is submitted; and
``(F) funds may only be used for--
``(i) expansion of demand reduction
activities;
``(ii) interdiction of illicit drugs on the
high seas, in United States territorial waters,
and at United States ports of entry by officers
and employees of Drug Control Program agencies
and domestic and foreign law enforcement
officers;
``(iii) accurate assessment and monitoring of
international drug production and interdiction
programs and policies;
``(iv) activities to facilitate and enhance
the sharing of domestic and foreign
intelligence information among Drug Control
Program Agencies related to the production and
trafficking of drugs in the United States and
foreign countries; and
``(v) activities to prevent the diversion of
prescription drugs for illicit use and research
related to any of these activities.
``(2) Inadequacy of transfer.--In the event the authority
under this subsection is inadequate to implement the provisions
of a plan developed under section 1009, the Director shall
submit a request for funding to Congress as soon as the
Director becomes aware of the need for additional funding.
``(e) Fund Control Notices.--
``(1) In general.--The Director may issue to the head of a
National Drug Control Program Agency a fund control notice to
ensure compliance with the National Drug Control Program
Strategy. A fund control notice may direct that all or part of
an amount appropriated to the National Drug Control Program
Agency account be obligated by--
``(A) months, fiscal year quarters, or other time
periods; and
``(B) activities, functions, projects, or object
classes.
``(2) Unauthorized obligation or expenditure prohibited.--An
officer or employee of a National Drug Control Program Agency
shall not make or authorize an expenditure or obligation
contrary to a fund control notice issued by the Director.
``(3) Disciplinary action for violation.--In the case of a
violation of paragraph (2) by an officer or employee of a
National Drug Control Program Agency, the head of the agency,
upon the request of and in consultation with the Director, may
subject the officer or employee to appropriate administrative
discipline, including, when circumstances warrant, suspension
from duty without pay or removal from office.
``(4) Congressional notice.--Not later than 5 days after
issuance of a fund control notice, the Director shall submit a
copy of such fund control notice to the appropriate
congressional committees and make such notice publicly
available.
``(5) Restrictions.--The Director shall not issue a fund
control notice to direct that all or part of an amount
appropriated to the National Drug Control Program Agency
account be obligated, modified, or altered in any manner
contrary, in whole or in part, to a specific appropriation or
statute.
``(f) Exclusions.--The authorities described under subsections (c),
(d), and (e) do not apply to any program under subchapter II or III.
``(g) Foreign Assistance Act Participation.--The Director may
participate in the drug certification process pursuant to section 490
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) and section 706
of the Department of State Authorization Act for Fiscal Year 2003 (22
U.S.C. 229j-l).
``(h) Certifications of Policy Changes to Director.--
``(1) In general.--Subject to paragraph (2), the head of a
National Drug Control Program Agency shall, unless exigent
circumstances require otherwise, notify the Director in writing
regarding any proposed change in policies relating to the
activities of that agency under the National Drug Control
Program prior to implementation of such change. The Director
shall promptly review such proposed change and certify to the
head of that agency in writing whether such change is
consistent with the National Drug Control Strategy.
``(2) Exception.--If prior notice of a proposed change under
paragraph (1) is not practicable--
``(A) the head of the National Drug Control Program
Agency shall notify the Director of the proposed change
as soon as practicable; and
``(B) upon such notification, the Director shall
review the change and certify to the head of that
agency in writing whether the change is consistent with
the National Drug Control Strategy.
``(i) Work in Conjunction With Assistant for National Security
Affairs.--The Director shall, in any matter affecting national security
interests, work in conjunction with the Assistant to the President for
National Security Affairs.
``Sec. 1009. Emerging threats taskforce, plan, media campaign
``(a) Emerging Threats Task Force.--
``(1) Emerging and continuing threats coordinator.--The
Director shall designate or appoint a United States Emerging
and Continuing Threats Coordinator to perform the duties of
that position described in this section and such other duties
as may be determined by the Director. The Director shall
determine whether the coordinator position is a career or
noncareer position in the Senior Executive Service.
``(2) Establishment and monitoring.--The Emerging and
Continuing Threats Coordinator (referred to in this section as
the `Coordinator') shall monitor evolving and emerging drug
threats in the United States and shall serve as Chair of an
Emerging Threats Task Force (in this section, referred to as
the `task force'). The Director shall appoint other members of
the Task force, which shall include representatives from--
``(A) National Drug Control Program Agencies or other
agencies;
``(B) State, local, and Tribal governments;
``(C) the Director of the Fusion Center established
in section 1013; and
``(D) other entities as determined to be necessary by
the Director.
``(3) Information review and sharing.--
``(A) In general.--The task force shall disseminate
and facilitate the sharing with Federal, State, local,
and Tribal officials and other entities as determined
by the Director of pertinent information and data
relating to the following:
``(i) Recent trends in drug supply and
demand.
``(ii) Fatal and nonfatal overdoses.
``(iii) Demand for and availability of
evidence-based substance use disorder
treatment, including the extent of the unmet
treatment need, and treatment admission trends.
``(iv) Recent trends in drug interdiction,
supply, and demand from State, local, and
Tribal law enforcement agencies.
``(v) Other subject matter as determined
necessary by the Director.
``(B) Contract, agreement, and other authority.--The
Director may award contracts, enter into interagency
agreements, manage individual projects, and conduct
other operational activities in support of the
identification of emerging threats and in support of
the development, implementation, and assessment of
Emerging Threat Response Plans.
``(C) Data analysis activities.--In support of the
task force, the National Drug Control Fusion Center is
authorized to conduct and provide to the task force the
results of data analysis activities that the task force
requests to aid in their review of recent trends in the
data disseminated under subparagraph (A).
``(4) Criteria to identify emerging drug threats.--Not later
than 60 days after the date on which a task force first meets,
the task force shall develop and recommend to the Director
criteria to be used to identify an emerging drug threat or the
termination of an emerging drug threat designation based on
information gathered by the task force in paragraph (2),
statistical data, and other evidence.
``(5) Meetings.--The task force shall meet in person not less
frequently than quarterly and at additional meetings if
determined to be necessary by and at the call of the Chair to--
``(A) identify and discuss evolving and emerging drug
trends in the United States using the criteria
established in paragraph (3);
``(B) formulate the plan described in subsection (c);
``(C) oversee implementation of the plan described in
subsection (c); and
``(D) provide such other advice to the Coordinator
and Director concerning strategy and policies for
emerging drug threats and trends as the task force
determines to be appropriate.
``(b) Designation.--
``(1) In general.--The Director, in consultation with the
Coordinator, the task force, and the head of each National Drug
Control Program Agency, may designate an emerging drug threat
in the United States.
``(2) Standards for designation.--The Director, in
consultation with the Coordinator, shall promulgate and make
publicly available standards by which a designation under
paragraph (1) and the termination of such designation may be
made. In developing such standards, the Director shall consider
the recommendations of the task force and other criteria the
Director considers to be appropriate.
``(3) Public statement required.--The Director shall publish
a public written statement on the portal of the Office
explaining the designation of an emerging drug threat or the
termination of such designation and shall notify the
appropriate congressional committees of the availability of
such statement when a designation or termination of such
designation has been made.
``(c) Plan.--
``(1) Public availability of plan.--Not later than 60 days
after making a designation under subsection (b), the Director
shall publish and make publicly available an Emerging Threat
Response Plan and notify the President and the appropriate
congressional committees of such plan's availability.
``(2) Timing.--Not less frequently than every 90 days after
the date on which the plan is published under paragraph (1),
the Director shall update the plan and report on implementation
of the plan, until the Director issues the public statement
required under subsection (b)(3) to terminate the emerging
threat designation.
``(3) Contents of an emerging threat response plan.--The
Director shall include in the plan--
``(A) a comprehensive strategic assessment of the
emerging drug threat, including the current
availability of, demand for, and effectiveness of
evidence-based prevention, treatment, and enforcement
programs and efforts to respond to the emerging drug
threat;
``(B) comprehensive, research-based, long-range,
quantifiable goals for addressing the emerging drug
threat, including for reducing the supply of the
emerging drug threat and for expanding the availability
and effectiveness of evidence-based substance use
disorder treatment and prevention programs to reduce
the demand for the emerging drug threat;
``(C) performance measures pertaining to the plan's
goals, including quantifiable and measurable objectives
and specific targets;
``(D) the level of funding needed to implement the
plan, including whether funding is available to be
reprogrammed or transferred to support implementation
of the plan or whether additional appropriations are
necessary to implement the plan;
``(E) an implementation strategy for the education
and public awareness campaign under subsection (d),
including goals as described under subparagraph (B) and
performance measures, objectives, and targets, as
described under subparagraph (C); and
``(F) any other information necessary to inform the
public of the status, progress, or response of an
emerging drug threat.
``(4) Implementation.--
``(A) In general.--Not later than 90 days after the
date on which a designation is made under subsection
(b), the Director, in consultation with the President,
the appropriate congressional committees, and the head
of each National Drug Control Program Agency, shall
issue guidance on implementation of the plan described
in subsection (c) to the National Drug Control Program
Agencies and any other relevant agency determined to be
necessary by the Director.
``(B) Coordinator's responsibilities.--The
Coordinator shall--
``(i) direct the implementation of the plan
among the agencies identified in the plan,
State, local, and Tribal governments, and other
relevant entities;
``(ii) facilitate information-sharing between
agencies identified in the plan, State, local,
and Tribal governments, and other relevant
entities; and
``(iii) monitor implementation of the plan by
coordinating the development and implementation
of collection and reporting systems to support
performance measurement and adherence to the
plan by agencies identified in plan, where
appropriate.
``(C) Reporting.--Not later than 180 days after
designation under subsection (b) and in accordance with
paragraph (2)(C), the head of each agency identified in
the plan shall submit to the Coordinator a report on
implementation of the plan.
``(d) Education and Public Awareness Campaign for Emerging Drug
Threats.--
``(1) In general.--Not later than 90 days after a designation
under subsection (b), the Director shall establish and
implement an evidence-based substance use prevention education
and public awareness campaign to inform the public about the
dangers of any drug designated as an emerging drug threat. Such
campaign shall--
``(A) educate the public about the dangers of such
drug, including patient and family education about the
characteristics and hazards of such drugs and methods
to safeguard against such dangers, including the safe
disposal of such drugs;
``(B) support evidence-based prevention programs
targeting audiences' attitudes, perceptions, and
beliefs concerning substance use and intentions to
initiate or continue such use;
``(C) increase awareness of the negative consequences
of drug use;
``(D) encourage individuals affected by substance use
disorders to seek treatment and provide such
individuals with information on how to recognize
addiction issues, what forms of evidence-based
treatment options are available, and how to access such
treatment; and
``(E) combat the stigma of addiction and substance
use disorders, including the stigma of treating such
disorders with medication-assisted treatment therapies.
``(2) Consultation.--For the planning of the campaign under
paragraph (1), the Secretary shall consult with--
``(A) the head of any appropriate National Drug
Control Program Agency to obtain advice on evidence-
based scientific information for policy, program
development, and evaluation;
``(B) experts in evidence-based media campaigns,
education, evaluation, and communication;
``(C) experts on the designated drug;
``(D) State, local, and Tribal government officials
and relevant agencies;
``(E) the public;
``(F) appropriate congressional committees; and
``(G) any other affected person.
``(3) Gifts and donations.--
``(A) In general.--The Director may accept gifts and
donations (in cash or in kind, including voluntary and
uncompensated services or property), which shall be
available until expended, for the purpose of supporting
the education and outreach campaign authorized in this
section, including the media campaign.
``(B) Ethics guidelines.--The Director shall
establish written guidelines setting forth the criteria
to be used in determining whether a gift or donation
should be declined under this section because the
acceptance of the gift or donation would--
``(i) reflect unfavorably upon the ability of
the Director or the Office, or any employee of
the Office, to carry out responsibilities or
official duties under this chapter in a fair
and objective manner; or
``(ii) compromise the integrity or the
appearance of integrity of programs or services
provided under this chapter or of any official
involved in those programs or services.
``(C) Annual report required.--Not later than the
first Monday in the February of each year, the Director
shall submit to the appropriate congressional
committees an annual report that identifies the sources
of any gift or donation accepted by the Office or any
contractor acting on behalf of the Office, under this
subsection, including the value of each gift and
donation provided by each source of the gift.
``(4) Implementation.--
``(A) In general.--For any campaign established under
this subsection, the Director shall ensure the
following:
``(i) Implementation is evidence-based, meets
accepted standards for public awareness
campaigns, and uses available resources in a
manner to make the most progress toward
achieving the goals identified in the emerging
threats plan and paragraph (1).
``(ii) Information disseminated through the
campaign is accurate.
``(iii) The Director approves the strategy of
the campaign, all material distributed through
the campaign, and the use of any Federal funds
used for the campaign.
``(iv) The campaign is designed using
strategies found to be most effective at
achieving such goals, which may include--
``(I) a media campaign, as described
in subparagraph (B);
``(II) local, regional, or population
specific messaging;
``(III) establishing partnerships and
promoting coordination among community
stakeholders, including public,
nonprofit organizations, and for profit
entities;
``(IV) providing support, training,
and technical assistance to establish
and expand school and community
prevention programs;
``(V) creating websites to publicize
and disseminate information;
``(VI) conducting outreach and
providing educational resources for
parents;
``(VII) establishing State or
regional advisory councils to provide
input and recommendations to raise
awareness regarding the drug designated
as an emerging drug threat;
``(VIII) collaborating with law
enforcement; and
``(IX) support for school-based
public health education classes to
improve teen knowledge about the
effects of such designated drug.
``(B) Media campaign.--Any campaign implemented under
this subsection may include a media component, which--
``(i) shall be designed to prevent the use of
the drug designated as an emerging drug threat
and to achieve the goals of paragraph (1);
``(ii) shall be carried out through
competitively awarded contracts to entities
providing for the professional production and
design of such campaign; and
``(iii) may include the use of television,
radio, Internet, social media, and other
commercial marketing venues and may be targeted
to specific age groups based on peer-reviewed
social research.
``(C) Required notice for communication from the
office.--Any communication, including an advertisement,
paid for or otherwise disseminated by the Office
directly or through a contract awarded by the Office
shall include a prominent notice informing the audience
that the communication was a paid for by of the Office.
``(5) Evaluation.--
``(A) Performance evaluation.--The Director shall
include an evaluation of the campaign in the annual
assessment under section 1006, which shall include the
following:
``(i) A performance evaluation of the
campaign, including progress toward meeting the
goals, objectives, measures, and targets
identified in the emerging threats plan.
``(ii) A description of all policies and
practices to eliminate the potential for waste,
fraud, abuse, and to ensure Federal funds are
used responsibly.
``(iii) A list of all contracts or other
agreements entered into to implement the
campaign.
``(iv) The results of any financial audit of
the campaign.
``(v) A description of any evidence used to
develop the campaign.
``(B) Independent evaluation.--Not later than 180
days after establishing a campaign under paragraph (1)
and not less than frequently than every two years
thereafter, the Director shall--
``(i) designate an independent entity to
evaluate the effectiveness of the campaign with
meeting the goals established in the emerging
threat plan and paragraph (1); and
``(ii) submit the results of the independent
evaluation to the appropriate congressional
committees.
``(6) Funding prohibitions.--None of the amounts made
available under this subsection may be obligated for any of the
following:
``(A) To supplant current anti-drug community-based
coalitions.
``(B) To supplant pro bono public service time
donated by national and local broadcasting network for
other public services campaigns.
``(C) For partisan political purposes, or express
advocacy in support of or to defeat any clearly
identified candidate, clearly identified ballot
initiative, or clearly identified legislative or
regulatory proposal.
``(D) For any advocacy in support of any particular
company, industry association, or advocacy group or the
explicit policy positions held by such groups.
``(E) To direct any individuals to a specific type of
substance use disorder treatment, treatment facility,
medical provider, or form of medication assisted
treatment.
``(F) To fund any advertising that features any
elected officials, persons seeking elected office,
cabinet level officials, or other Federal officials
employed pursuant to section 213 of Schedule C of title
5, Code of Federal Regulations.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Office to carry out this section, $25,000,000 for
each of fiscal years 2019 through 2023.
``Sec. 1010. National and international coordination
``(a) Dissemination of Research and Information to States.--The
Director shall ensure that drug control research and information is
effectively disseminated by National Drug Control Program Agencies to
State and local governments and nongovernmental entities involved in
demand reduction by--
``(1) encouraging formal consultation between any such agency
that conducts or sponsors research, and any such agency that
disseminates information in developing research and information
product development agendas;
``(2) encouraging such agencies (as appropriate) to develop
and implement dissemination plans that specifically target
State and local governments and nongovernmental entities
involved in demand reduction; and
``(3) supporting the substance abuse information
clearinghouse administered by the Administrator of the
Substance Abuse and Mental Health Services Administration and
established in section 501(d)(16) of the Public Health Service
Act by--
``(A) encouraging all National Drug Control Program
Agencies to provide all appropriate and relevant
information; and
``(B) supporting the dissemination of information to
all interested entities.
``(b) Standards.--
``(1) Development.--The Director shall coordinate the
development of evidence-based standards developed by National
Drug Control Program Agencies and other relevant agencies and
non-Federal entities to State, local, and Tribal governments
and nongovernmental entities related to drug control policies,
practices, and procedures, such as the investigation of drug-
related deaths, by--
``(A) encouraging appropriate agencies and State,
local, and Tribal governments to develop data standards
for drug control practices and procedures and related
statistical data;
``(B) encouraging information sharing between
appropriate agencies and State, local, and Tribal
governments of relevant drug control information and
data;
``(C) establishing a working group of agencies,
State, local, and Tribal governments, and other
relevant stakeholders to discuss and develop such
standards; and
``(D) facilitating collaboration among agencies, non-
Federal entities, States, local, and Tribal
governments, and nongovernmental agencies.
``(2) Implementation.--The Director shall promote the
implementation of the standards described in paragraph (1) by--
``(A) encouraging adoption by providing the standards
to State and local governments through the internet,
annual publications or periodicals, and other widely-
disseminated means; and
``(B) facilitating the use and dissemination of such
standards among State and local governments by--
``(i) providing technical assistance to
State, local, and Tribal governments seeking to
adopt or implement such standards; and
``(ii) coordinating seminars and training
sessions for State, local, and Tribal
governments seeking to adopt or implement such
standards.
``(c) Private Sector.--
``(1) In general.--The Director or the head of a National
Drug Control Program (as designated by the Director) shall
coordinate with the private sector to promote private research
and development of medications to treat or prevent addiction,
including research and development for non-addictive pain
management medication, abuse deterrent formulations,
medication-assisted treatment, and other addiction research
determined to be necessary by the Director by--
``(A) encouraging the sharing of information
regarding evidence-based treatment addiction findings
and related data between agencies and the private
sector, as appropriate;
``(B) encouraging collaboration between appropriate
agencies and the private sector; and
``(C) providing private sector entities with relevant
statistical data and information to enhance research as
permissible.
``(2) Working group.--The Director may establish a working
group of National Drug Control Program Agencies, State, local,
and Tribal governments, and the private sector stakeholders to
discuss and disseminate best practices, research and
development, and other related issues, as appropriate.
``(d) Model Acts Program.--
``(1) In general.--The Director shall provide for or shall
enter into an agreement with a nonprofit organization to--
``(A) advise States on establishing laws and policies
to address illicit drug use issues; and
``(B) revise such model State drug laws and draft
supplementary model State laws to take into
consideration changes in illicit drug use issues in the
State involved.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,250,000 for
each of fiscal years 2019 through 2023.
``(e) Drug Court Training and Technical Assistance Program.--
``(1) Grants authorized.--The Director may make a grant to a
nonprofit organization for the purpose of providing training
and technical assistance to drug courts.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000 for
each of fiscal years 2019 through 2023.
``(f) International Coordination.--The Director shall facilitate
international drug control coordination efforts.
``(g) State, Local, and Tribal Affairs Coordinator.--The Director
shall designate or appoint a United States State, Local, and Tribal
Affairs Coordinator to perform the duties of the Office outlined in
this section and section 1005 and such other duties as may be
determined by the Director with respect to coordination of drug control
efforts between agencies and State, local, and Tribal governments. The
Director shall determine whether the coordinator position is a career
or noncareer position in the Senior Executive Service.
``Sec. 1011. Interdiction
``(a) United States Interdiction Coordinator.--
``(1) In general.--The Director shall designate or appoint a
United States Interdiction Coordinator to perform the duties of
that position described in paragraph (2) and such other duties
as may be determined by the Director with respect to
coordination of efforts to interdict illicit drugs from
entering the United States.
``(2) Responsibilities.--The United States Interdiction
Coordinator shall be responsible to the Director for--
``(A) coordinating the interdiction activities of the
National Drug Control Program Agencies to ensure
consistency with the National Drug Control Strategy;
``(B) on behalf of the Director, developing and
issuing, on or before March 1 of each year and in
accordance with paragraph (4), a National Interdiction
Command and Control Plan to ensure the coordination and
consistency described in subparagraph (A);
``(C) assessing the sufficiency of assets committed
to illicit drug interdiction by the relevant National
Drug Control Program Agencies; and
``(D) advising the Director on the efforts of each
National Drug Control Program Agency to implement the
National Interdiction Command and Control Plan.
``(3) Staff.--The Director shall assign such permanent staff
of the Office as he considers appropriate to assist the United
States Interdiction Coordinator to carry out the
responsibilities described in paragraph (2), and may request
that appropriate National Drug Control Program Agencies detail
or assign staff to assist in carrying out such activities.
``(4) National interdiction command and control plan.--
``(A) Purposes.--The National Interdiction Command
and Control Plan--
``(i) shall set forth the Government's
strategy for drug interdiction;
``(ii) shall state the specific roles and
responsibilities of the relevant National Drug
Control Program Agencies for implementing that
strategy;
``(iii) shall identify the specific resources
required to enable the relevant National Drug
Control Program Agencies to implement that
strategy; and
``(iv) may include recommendations about
changes to existing agency authorities or laws
governing interagency relationships.
``(B) Consultation with other agencies.--Before the
submission of the National Drug Control Strategy or
annual supplement required under section 1005(d), as
applicable, the United States Interdiction Coordinator
shall issue the National Interdiction Command and
Control Plan, in consultation with the other members of
the Interdiction Committee described in subsection (c).
``(C) Report to congress.--On or before March 1 of
each year, the Director, through the United States
Interdiction Coordinator, shall provide to the
appropriate congressional committees, to the Committee
on Armed Services and the Committee on Homeland
Security of the House of Representatives, and to the
Committee on Homeland Security and Governmental Affairs
and the Committee on Armed Services of the Senate, a
report that includes--
``(i) a copy of that year's National
Interdiction Command and Control Plan;
``(ii) information for the previous 10 years
regarding the number and type of seizures of
drugs by each National Drug Control Program
Agency conducting drug interdiction activities
and statistical information on the geographic
areas of such seizures; and
``(iii) information for the previous 10 years
regarding the number of air and maritime patrol
hours undertaken by each National Drug Control
Program Agency conducting drug interdiction
activities and statistical information on the
geographic areas in which such patrol hours
took place.
``(D) Classified annex.--The report submitted
pursuant to subparagraph (C) may include a classified
annex.
``(b) Interdiction Committee.--
``(1) In general.--The Interdiction Committee shall meet to--
``(A) discuss and resolve issues related to the
coordination, oversight, and integration of
international, border, and domestic drug interdiction
efforts in support of the National Drug Control
Strategy;
``(B) review the annual National Interdiction Command
and Control Plan, and provide advice to the Director
and the United States Interdiction Coordinator
concerning that plan; and
``(C) provide such other advice to the Director
concerning drug interdiction strategy and policies as
the committee determines is appropriate.
``(2) Chair.--The Director shall designate one of the members
of the Interdiction Committee to serve as chair.
``(3) Meetings.--The members of the Interdiction Committee
shall meet, in person and not through any delegate or
representative, at least once per calendar year, before March
1. At the call of the Director or the chair, the Interdiction
Committee may hold additional meetings, which shall be attended
by the members in person, or through such delegates or
representatives as the members may choose.
``(4) Report.--Not later than September 30 of each year, the
chair of the Interdiction Committee shall submit to the
Director and to the appropriate congressional committees a
report describing the results of the meetings and any
significant findings of the committee during the previous 12
months. Such report may include a classified annex.
``Sec. 1012. Treatment coordinator
``(a) United States Treatment Coordinator.--
``(1) In general.--The Director shall designate or appoint a
United States Treatment Coordinator to perform the
responsibilities of that position described in paragraph (2)
and such other duties as may be determined by the Director with
respect to coordination of efforts to expand the availability
of substance use disorder treatment with the goal of
eliminating the unmet treatment need.
``(2) Responsibilities.--The United States Treatment
Coordinator shall be responsible to the Director for--
``(A) coordinating the activities of the National
Drug Control Program Agencies undertaken to expand the
availability of evidence-based substance use disorder
treatment to ensure consistency with the National Drug
Control Strategy;
``(B) on behalf of the Director, developing and
issuing, on or before March 1 of each year and in
accordance with paragraph (4), a National Treatment
Plan to ensure the coordination and consistency
described in subparagraph (A);
``(C) assessing the sufficiency of Federal resources
directed to substance use disorder treatment by the
relevant National Drug Control Program Agencies;
``(D) encouraging the adoption by all substance use
disorder treatment providers of evidence-based
standards to guide all aspects of treatment provided;
and
``(E) advising the Director on the efforts of each
National Drug Control Program Agency to implement the
National Treatment Plan.
``(3) Staff.--The Director shall assign such permanent staff
of the Office of the United States Treatment Coordinator as the
Director determines to be appropriate to assist the United
States Treatment Coordinator to carry out the responsibilities
described in paragraph (2), and may request that appropriate
National Drug Control Program Agencies detail or assign staff
to assist in carrying out such responsibilities.
``(4) National treatment plan.--
``(A) Purposes.--The National Treatment Plan--
``(i) shall identify the unmet need for
treatment for evidence-based substance use
disorders including opioid use disorders, and
set forth the Government's strategy for closing
the gap between available and needed treatment
through all sources;
``(ii) shall describe the specific roles and
responsibilities of the relevant National Drug
Control Program Agencies for implementing that
strategy;
``(iii) shall identify the specific resources
required to enable the relevant National Drug
Control Program Agencies to implement that
strategy;
``(iv) shall identify the resources,
including private sources, required to
eliminate the unmet need for evidence-based
substance use disorder treatment; and
``(v) may include recommendations about
changes to existing agency authorities or laws
governing interagency relationships.
``(B) Consultation with other agencies.--Before the
submission of the National Treatment Strategy or annual
supplement required under section 1005(d), as
applicable, the United States Treatment Coordinator
shall issue the National Treatment Plan, in
consultation with the other members of the Interdiction
Committee described in subsection (b).
``(C) Report to congress.--On or before March 1 of
each year, the Director, through the United States
Treatment Coordinator, shall provide to the appropriate
congressional committees a report that includes a copy
of that year's National Treatment Plan;
``(b) Treatment Committee.--
``(1) In general.--The Treatment Committee shall meet to--
``(A) review and discuss the adequacy of evidence-
based substance use disorder treatment as well as the
unmet need for treatment;
``(B) review and discuss the status of the
implementation of the National Treatment Plan; and
``(C) provide such other advice to the Director
concerning substance use disorder treatment initiatives
as the committee determines is appropriate.
``(2) Chair.--The Director shall designate one of the members
of the Treatment Committee to serve as chair.
``(3) Meetings.--The members of the Treatment Committee shall
meet, in person and not through any delegate or representative,
at least once per calendar year, before March 1. At the call of
the Director or the chair, the Treatment Committee may hold
additional meetings, which shall be attended by the members in
person, or through such delegates or representatives as the
members may choose.
``(4) Report.--Not later than September 30 of each year, the
chair of the Treatment Committee shall submit to the Director
and to the appropriate congressional committees a report
describing the results of the meetings and any significant
findings of the committee during the previous 12 months. Such
report may include a classified annex.
``Sec. 1013. Critical information coordination
``(a) National Drug Control Fusion Center.--
``(1) Establishment.--The Director shall, in consultation
with the head of each National Drug Control Program Agency,
designate an agency to establish a National Drug Control Fusion
Center (referred to in this section as the `Center'). The
Center shall operate under the authority of the Director and
shall work with the National Drug Control Program Agencies to
collect, compile, analyze, and facilitate the sharing of data
on the use of illicit drugs, treatment for substance use
disorder, and interdiction of illicit drugs. The Center shall
be considered a `statistical agency or unit', as that term is
defined in section 502 of the Confidential Information
Protection and Statistical Efficiency Act of 2002 (44 U.S.C.
3501 note) and shall have the necessary independence to ensure
any data or information acquired by an agency under a pledge of
confidentiality and for exclusively statistical purposes is
used exclusively for statistical purposes.
``(2) Center director.--There shall be at the head of the
Center a Center Director who shall be appointed by the Director
from among individuals qualified and distinguished in data
governance and statistical analysis.
``(3) Data compilation.--The Director, acting through the
Center Director, shall do the following:
``(A) Coordinate data collection activities among the
National Drug Control Program Agencies.
``(B) Collect information not otherwise collected by
National Drug Control Program Agencies as necessary to
inform the National Drug Control Strategy.
``(C) Compile and analyze any data required to be
collected under this chapter.
``(D) Disseminate technology, as appropriate, to
States and local jurisdictions to enable or improve the
collection of data on drug use, including the
recordation of the occurrence of fatal and non-fatal
drug overdoses.
``(E) Compile information collected by National Drug
Control Program Agencies on grants issued through any
National Drug Control Program, including for any grant
the following:
``(i) The recipient.
``(ii) The amount.
``(iii) The intended purpose.
``(iv) Any evidence of the efficacy of the
outcomes achieved by the program funded through
the grant.
``(v) Any assessments of how the grant met
its intended purpose.
``(4) Toxicology screening.--
``(A) Establishment.--The Center Director may
establish a toxicology screening program that engages
in--
``(i) secondary analysis of urine samples
that would otherwise be discarded by--
``(I) hospitals and drug treatment
programs;
``(II) correctional facilities,
booking sites, probation programs, drug
courts, and related facilities; and
``(III) coroners and medical
examiners; and
``(ii) analysis of other physical samples, as
determined by the Center Director to be
valuable for understanding the prevalence of
any illicit drug.
``(B) De-identification of information.--The Center
Director shall ensure that no samples have any
personally identifiable information prior to
collection.
``(C) Limitation on use.--No data obtained from
analysis conducted under this paragraph may be used as
evidence in any proceeding.
``(D) State program.--The Center Director may
establish a program that enables States and local
jurisdictions to submit up to 20 urine samples per year
for toxicology analysis for the purposes of identifying
substances present in individuals who have suffered
fatal drug overdoses.
``(5) Authority to contract.--The Director may award
contracts, enter into interagency agreements, manage individual
projects, and conduct other operational activities under this
subsection.
``(b) Critical Drug Control Information and Evidence Plan.--
``(1) In general.--Not later than the first Monday in
February of each year, the Director shall submit to Congress a
systematic plan for increasing data collection to enable real-
time surveillance of drug control threats, developing analysis
and monitoring capabilities, and identifying and addressing
policy questions relevant to the National Drug Control Policy,
Strategy, and Program. Such plan shall be made available on the
public online portal of the Office, shall cover at least a 4-
year period beginning with the first fiscal year following the
fiscal year in which the plan is submitted and published, and
contain the following:
``(A) A list of policy-relevant questions for which
the Director and each National Drug Control Program
Agency intends to develop evidence to support the
National Drug Control Program and Strategy.
``(B) A list of data the Director and each National
Drug Control Program Agency intends to collect, use, or
acquire to facilitate the use of evidence in drug
control policymaking and monitoring.
``(C) A list of methods and analytical approaches
that may be used to develop evidence to support the
National Drug Control Program and Strategy and related
policy.
``(D) A list of any challenges to developing evidence
to support policymaking, including any barriers to
accessing, collecting, or using relevant data.
``(E) A description of the steps the Director and the
head of each National Drug Control Program Agency will
take to effectuate the plan.
``(F) Any other relevant information as determined by
the Director.
``(2) Consultation.--In developing the plan required under
paragraph (1), the Director shall consult with the following:
``(A) The public.
``(B) Any evaluation or analysis units and personnel
of the Office.
``(C) Office officials responsible for implementing
privacy policy.
``(D) Office officials responsible for data
governance.
``(E) The appropriate congressional committees.
``(F) Any other individual or entity as determined by
the Director.
``(c) Evidence-based Policy.--
``(1) Harm reduction programs.--When developing the national
drug control policy, any policy of the Director, including
policies relating to syringe exchange programs for intravenous
drug users, shall be based on the best available medical and
scientific evidence regarding the effectiveness of such policy
in promoting individual health, preventing the spread of
infectious disease and the impact of such policy on drug
addiction and use. In making any policy relating to harm
reduction programs, the Director shall consult with the
National Institutes of Health and the National Academy of
Sciences.
``(2) Fund restriction for the legalization of controlled
substances.--The Director shall ensure that no Federal funds
appropriated to the Office shall be expended for any study or
contract relating to the legalization (for a medical use or any
other use) for which a listing in schedule I is in effect under
section 202 of the Controlled Substances Act (21 U.S.C. 812).
``(d) Drug Control Data Dashboard.--
``(1) Establishment.--The Director, in consultation with the
Center Director, shall establish and maintain a data dashboard
on the online portal of the Office to be known as the `Drug
Control Data Dashboard'. The Director shall ensure the user
interface of the dashboard is constructed with modern design
standards. To the extent practicable, the data made available
on the dashboard shall be publicly available in a machine-
readable format and searchable by year, agency, drug, and
location.
``(2) Data.--The data included in the Drug Control Data
Dashboard shall be updated not less frequently than quarterly
and shall include, at a minimum, the following:
``(A) For each substance identified under section
1005(c)(1)(A)(i)--
``(i) the total amount seized and disrupted
in the calendar year and each of the previous 3
calendar years;
``(ii) the known and estimated flows into the
United States from all sources in the calendar
year and each of the previous 3 calendar years;
``(iii) the total amount of known flows that
could not be interdicted or disrupted in the
calendar year and each of the previous 3
calendar years;
``(iv) the known and estimated levels of
domestic production in the calendar year and
each of the previous three calendar years,
including the levels of domestic production if
the drug is a prescription drug, as determined
under the Federal Food, Drug, and Cosmetic Act,
for which a listing is in effect under section
202 of the Controlled Substances Act (21 U.S.C.
812); and
``(v) the average street price for the
calendar year and the highest known street
price during the preceding 10-year period.
``(B) For the calendar year and each of the previous
three years data sufficient to show, disaggregated by
State and, to the extent feasible, by region within a
State, county, or city, the following:
``(i) The number of fatal and non-fatal
overdoses caused by each drug identified under
subparagraph (A)(i).
``(ii) The prevalence of substance use
disorders.
``(iii) The number of individuals who have
received substance use disorder treatment,
including medication assisted treatment, for a
substance use disorder, including treatment
provided through publicly-financed health care
programs.
``(iv) The extent of the unmet need for
substance use disorder treatment, including the
unmet need for medication-assisted treatment.
``(C) Data sufficient to show the extent of
prescription drug diversion, trafficking, and misuse in
the calendar year and each of the previous 3 calendar
years.
``(D) Any quantifiable measures the Director
determines to be appropriate to detail progress toward
the achievement of the goals of the National Drug
Control Strategy.
``(e) Access to Information.--
``(1) In general.--Upon the request of the Director, the head
of any National Drug Control Program Agency shall cooperate
with and provide to the Director any statistics, studies,
reports, and other information prepared or collected by the
agency concerning the responsibilities of the agency under the
National Drug Control Strategy that relate to--
``(A) drug control; or
``(B) the manner in which amounts made available to
that agency for drug control are being used by that
agency.
``(2) Protection of intelligence information.--
``(A) In general.--The authorities conferred on the
Office and the Director by this chapter shall be
exercised in a manner consistent with provisions of the
National Security Act of 1947 (50 U.S.C. 401 et seq.).
The Director of National Intelligence shall prescribe
such regulations as may be necessary to protect
information provided pursuant to this chapter regarding
intelligence sources and methods.
``(B) Duties of director.--The Director of National
Intelligence and the Director of the Central
Intelligence Agency shall, to the maximum extent
practicable in accordance with subparagraph (A), render
full assistance and support to the Office and the
Director.
``(3) Required reports from national drug control agencies.--
The head of each National Drug Control Program Agency shall
submit to the Director such information and reports as
requested from such National Drug Control Program Agency by the
Director, which shall include from the appropriate National
Drug Control Program Agencies:
``(A) Not later than July 1 of each year, the head of
a designated National Drug Control Program Agency shall
submit to the Director and the appropriate
congressional committees an assessment of the quantity
of illegal drug cultivation and manufacturing in the
United States on lands owned or under the jurisdiction
of their respective agencies that was seized or
eradicated by their personnel during the preceding
calendar year.
``(B) Not later than July 1 of each year, the head of
a designated National Drug Control Program Agency shall
submit to the Director and the appropriate
congressional committees information for the preceding
year regarding--
``(i) the number and type of seizures of
drugs by each component of the agency seizing
drugs, as well as statistical information on
the geographic areas of such seizures; and
``(ii) the number of air and maritime patrol
hours primarily dedicated to drug supply
reduction missions undertaken by each component
of the agency.
``(C) Not later than July 1 of each year, the head of
a designated National Drug Control Program Agency shall
submit to the Director and the appropriate
congressional committees information for the preceding
year regarding the number of air and maritime patrol
hours primarily dedicated to drug supply reduction
missions undertaken by each component of the agency.
``(D) Not later than July 1 of each year, the head of
a designated National Drug Control Program Agency shall
submit to the Director and the appropriate
congressional committees information for the preceding
year regarding the number and type of--
``(i) arrests for drug violations;
``(ii) prosecutions for drug violations by
United States Attorneys; and
``(iii) seizures of drugs by each component
of the Department of Justice seizing drugs, as
well as statistical information on the
geographic areas of such seizures.
``(f) Data Exchange Standards for Improved Interoperability.--
``(1) Interagency and intergovernmental designation and use
of data exchange standards working group.--The Director shall
establish a working group of National Drug Control Program
Agencies, State, local and Tribal government health and law
enforcement agencies, and data governance experts to develop
consensus data exchange standards for necessary categories of
information that allow effective electronic exchange of
information between States, between State agencies, between
States and National Drug Control Program Agencies, and any
other drug control relevant data exchange.
``(2) Data exchange standards must be nonproprietary and
interoperable.--The data exchange standards designated under
paragraph (1) shall, to the extent practicable, be
nonproprietary and interoperable.
``(3) Other requirements.--In designating data exchange
standards under this subsection, the working group shall, to
the extent practicable, incorporate--
``(A) interoperable standards developed and
maintained by an international voluntary consensus
standards body, as defined by the Office of Management
and Budget;
``(B) interoperable standards developed and
maintained by intergovernmental partnerships; and
``(C) interoperable standards developed and
maintained by Federal entities with authority over
contracting and financial assistance.
``(4) Data exchange standards for federal reporting.--
``(A) Designation.--The Director may, in consultation
with the working group established under this section,
National Drug Control Program Agencies, and State,
local, and Tribal governments, designate data exchange
standards to govern Federal reporting and exchange
requirements for National Drug Control Programs, as
appropriate.
``(B) Requirements.--The data exchange reporting
standards required by subparagraph (A) shall, to the
extent practicable--
``(i) incorporate a widely accepted,
nonproprietary, searchable, machine-readable
format;
``(ii) be consistent with and implement
applicable accounting principles;
``(iii) be implemented in a manner that is
cost-effective and improves program efficiency
and effectiveness; and
``(iv) be capable of being continually
upgraded as necessary.
``(C) Incorporation of nonproprietary standards.--In
designating data exchange standards under this
paragraph, the Director shall, to the extent
practicable, incorporate existing nonproprietary
standards.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to require a change to
existing data exchange standards for Federal reporting
about a program referred to in this section, if the
head of the agency responsible for administering the
program finds the standards to be effective and
efficient.
``(5) Termination.--The working group established under
paragraph (1) shall terminate not earlier than 60 days after
the public notification of termination by the Director.
``(g) Annual Data Collection and Dissemination Requirements.--
``(1) In general.--The Director shall collect and
disseminate, as appropriate, such information as the Director
determines is appropriate, but not less than the information
described in this subsection. To the extent practicable, the
data shall be publicly available in a machine-readable format
on the Drug Control Data Dashboard, be searchable by year,
agency, drug, and location, and cover not less than the
previous 10-year period.
``(2) Preparation and dissemination of information.--The
Director shall prepare and disseminate the following:
``(A) An assessment of current illicit drug use
(including inhalants and steroids) and availability,
impact of illicit drug use, and treatment availability,
which assessment shall include--
``(i) estimates of drug prevalence and
frequency of use as measured by national,
State, and local surveys of illicit drug use
and by other special studies of nondependent
and dependent illicit drug use;
``(ii) illicit drug use in the workplace and
the productivity lost by such use; and
``(iii) illicit drug use by arrestees,
probationers, and parolees.
``(B) An assessment of the reduction of illicit drug
availability, for each drug identified under section
1005(c)(1)(A)(i), as measured by--
``(i) the quantities of such drug available
for consumption in the United States;
``(ii) the amount of such drug entering the
United States;
``(iii) the number of illicit drug
manufacturing laboratories seized and destroyed
of each relevant drug and the number of
hectares cultivated and destroyed domestically
and in other countries of each relevant drug;
``(iv) the number of metric tons of such drug
seized; and
``(v) changes in the price and purity of such
drug.
``(C) An assessment of the reduction of the
consequences of illicit drug use and availability,
which shall include--
``(i) the cost of treating substance use
disorder in the United States, such as the
quantity of illicit drug-related services
provided;
``(ii) the annual national health care cost
of illicit drug use; and
``(iii) the extent of illicit drug-related
crime and criminal activity.
``(D) A determination of the status of drug treatment
in the United States, by assessing--
``(i) public and private treatment
utilization; and
``(ii) the number of illicit drug users the
Director estimates meet diagnostic criteria for
treatment.
``(E) A summary of the efforts made to coordinate
with private sector entities to conduct private
research and development of medications to treat
addiction by--
``(i) screening chemicals for potential
therapeutic value;
``(ii) developing promising compounds;
``(iii) conducting clinical trials;
``(iv) seeking Food and Drug Administration
approval for drugs to treat addiction;
``(v) marketing the drug for the treatment of
addiction;
``(vi) urging physicians to use the drug in
the treatment of addiction; and
``(vii) encouraging insurance companies to
reimburse the cost of the drug for the
treatment of addiction.
``Sec. 1014. Annual audit and investigation requirements
``(a) Periodic Government Accountability Office Audits of Programs
and Operations.--Not later than December 31, 2019, and every 3 years
thereafter, the Comptroller General shall--
``(1) conduct and supervise an audit and investigation
relating to the programs and operations of--
``(A) the Office; or
``(B) certain programs within the Office, including--
``(i) the High Intensity Drug Trafficking
Areas Program; and
``(iii) the media campaign under section
1009(d); and
``(2) submit to the Director and the appropriate
congressional committees a report containing an evaluation of
and recommendations on the--
``(A) policies and activities of the programs and
operations subject to the audit and investigation;
``(B) economy, efficiency, and effectiveness in the
administration of the reviewed programs and operations;
and
``(C) policy or management changes needed to prevent
and detect fraud and abuse in such programs and
operations.
``Sec. 1015. Authorization of appropriations
``There are authorized to be appropriated to carry out this chapter,
except as otherwise specified, to remain available until expended,
$18,400,000 for each of fiscal years 2019 through 2023.
``SUBCHAPTER II--HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
``Sec. 1021. High intensity drug trafficking areas program
``(a) Establishment.--
``(1) In general.--There is established in the Office a
program to be known as the High Intensity Drug Trafficking
Areas Program (in this section referred to as the `Program').
``(2) Purpose.--The purpose of the Program is to reduce drug
trafficking and drug production in the United States by--
``(A) facilitating cooperation among Federal, State,
local, and Tribal law enforcement agencies to share
information and implement coordinated enforcement
activities;
``(B) enhancing law enforcement intelligence sharing
among Federal, State, local, and Tribal law enforcement
agencies;
``(C) providing reliable law enforcement intelligence
to law enforcement agencies needed to design effective
enforcement strategies and operations; and
``(D) supporting coordinated law enforcement
strategies which maximize use of available resources to
reduce the supply of illegal drugs in designated areas
and in the United States as a whole.
``(b) Designation.--
``(1) In general.--The Director, in consultation with the
Attorney General, the Secretary of the Treasury, the Secretary
of Homeland Security, heads of the National Drug Control
Program Agencies, and the Governor of each applicable State,
may designate any specified area of the United States as a high
intensity drug trafficking area.
``(2) Activities.--After making a designation under paragraph
(1) and in order to provide Federal assistance to the area so
designated, the Director may--
``(A) obligate such sums as are appropriated for the
Program;
``(B) direct the temporary reassignment of Federal
personnel to such area, subject to the approval of the
head of the agency that employs such personnel;
``(C) take any other action authorized under this
chapter to provide increased Federal assistance to
those areas; and
``(D) coordinate activities under this section
(specifically administrative, recordkeeping, and funds
management activities) with State, local, and Tribal
officials.
``(c) Petitions for Designation.--The Director shall establish and
maintain regulations under which a coalition of interested law
enforcement agencies from an area may petition for designation as a
high intensity drug trafficking area (in this section referred to as
the `HIDTA'). Such regulations shall provide for a regular review by
the Director of the petition, including a recommendation regarding the
merit of the petition to the Director by a panel of qualified,
independent experts.
``(d) Factors for Consideration.--In considering whether to designate
an area under this section as a high intensity drug trafficking area,
the Director shall consider, in addition to such other criteria as the
Director considers to be appropriate, the extent to which--
``(1) the area is a significant center of illegal drug
production, manufacturing, importation, or distribution;
``(2) State, local, and Tribal law enforcement agencies have
committed resources to respond to the drug trafficking problem
in the area, thereby indicating a determination to respond
aggressively to the problem;
``(3) drug-related activities in the area are having a
significant harmful impact in the area, and in other areas of
the country; and
``(4) a significant increase in allocation of Federal
resources is necessary to respond adequately to drug-related
activities in the area.
``(e) Organization of High Intensity Drug Trafficking Areas.--
``(1) Executive board and officers.--To be eligible for funds
appropriated under this section, each high intensity drug
trafficking area shall be governed by an Executive Board. The
Executive Board shall designate a chairman, vice chairman, and
any other officers to the Executive Board that it determines
are necessary.
``(2) Responsibilities.--The Executive Board of a high
intensity drug trafficking area shall be responsible for--
``(A) providing direction and oversight in
establishing and achieving the goals of the high
intensity drug trafficking area;
``(B) managing the funds of the high intensity drug
trafficking area;
``(C) reviewing and approving all funding proposals
consistent with the overall objective of the high
intensity drug trafficking area; and
``(D) reviewing and approving all reports to the
Director on the activities of the high intensity drug
trafficking area.
``(3) Board representation.--None of the funds appropriated
under this section may be expended for any high intensity drug
trafficking area, or for a partnership or region of a high
intensity drug trafficking area, if the Executive Board for
such area, region, or partnership, does not apportion an equal
number of votes between representatives of participating
agencies and representatives of participating State, local, and
Tribal agencies. Where it is impractical for an equal number of
representatives of agencies and State, local, and Tribal
agencies to attend a meeting of an Executive Board in person,
the Executive Board may use a system of proxy votes or weighted
votes to achieve the voting balance required by this paragraph.
``(4) No agency relationship.--The eligibility requirements
of this section are intended to ensure the responsible use of
Federal funds. Nothing in this section is intended to create an
agency relationship between individual high intensity drug
trafficking areas and the Federal Government.
``(f) Use of Funds.--The Director shall ensure that not more than 5
percent of Federal funds appropriated for the Program are expended for
drug treatment programs and not more than 5 percent of the Federal
funds appropriated for the Program are expended for drug prevention
programs.
``(g) Counterterrorism Activities.--
``(1) Assistance authorized.--The Director may authorize use
of resources available for the Program to assist Federal,
State, local, and Tribal law enforcement agencies in
investigations and activities related to terrorism and
prevention of terrorism, especially but not exclusively with
respect to such investigations and activities that are also
related to drug trafficking.
``(2) Limitation.--The Director shall ensure--
``(A) that assistance provided under paragraph (1)
remains incidental to the purpose of the Program to
reduce drug availability and carry out drug-related law
enforcement activities; and
``(B) that significant resources of the Program are
not redirected to activities exclusively related to
terrorism, except on a temporary basis under
extraordinary circumstances, as determined by the
Director.
``(h) Role of Drug Enforcement Administration.--The Director, in
consultation with the Attorney General, shall ensure that a
representative of the Drug Enforcement Administration is included in
the Intelligence Support Center for each high intensity drug
trafficking area.
``(i) Emerging Threat Response Fund.--
``(1) In general.--Subject to the availability of
appropriations, the Director may expend up to 10 percent of the
amounts appropriated under this section on a discretionary
basis, in accordance with the criteria established under
paragraph (2)--
``(A) to respond to any emerging drug trafficking
threat in an existing high intensity drug trafficking
area;
``(B) to establish a new high intensity drug
trafficking area; or
``(C) to expand an existing high intensity drug
trafficking area.
``(2) Consideration of impact.--In allocating funds under
this subsection, the Director shall consider--
``(A) the impact of activities funded on reducing
overall drug traffic in the United States, or
minimizing the probability that an emerging drug
trafficking threat will spread to other areas of the
United States; and
``(B) such other criteria as the Director considers
appropriate.
``(j) Annual Hidta Program Budget Submissions.--As part of the
documentation that supports the President's annual budget request for
the Office, the Director shall submit to Congress a budget
justification that includes--
``(1) the amount proposed for each HIDTA, conditional upon a
review by the Office of the request submitted by such HIDTA and
the performance of such HIDTA, with supporting narrative
descriptions and rationale for each request;
``(2) a detailed justification that explains--
``(A) the reasons for the proposed funding level and
how such funding level was determined based on a
current assessment of the drug trafficking threat in
each high intensity drug trafficking area;
``(B) how such funding will ensure that the goals and
objectives of each such area will be achieved; and
``(C) how such funding supports the National Drug
Control Strategy; and
``(3) the amount of HIDTA funds used to investigate and
prosecute organizations and individuals trafficking in each
major illicit drug, as identified by the Director, in the prior
calendar year, and a description of how those funds were used.
``(k) Hidta Annual Evaluation Report.--As part of each National Drug
Control Evaluation assessment under section 1006, the Director shall
include, for each designated high intensity drug trafficking area, a
report that--
``(1) describes--
``(A) the specific purposes for the high intensity
drug trafficking area; and
``(B) the specific long-term and short-term goals and
objectives for the high intensity drug trafficking
area;
``(2) includes an evaluation of the performance of the high
intensity drug trafficking area in accomplishing the specific
long-term and short-term goals and objectives identified under
subparagraph (1)(B);
``(3) assesses the number and operation of all federally
funded drug enforcement task forces within such high intensity
drug trafficking area;
``(4) describes--
``(A) each Federal, State, local, and Tribal drug
enforcement task force operating in such high intensity
drug trafficking area;
``(B) how such task forces coordinate with each
other, with any high intensity drug trafficking area
task force, and with investigations receiving funds
from the Organized Crime and Drug Enforcement Task
Force;
``(C) what steps, if any, each such task force takes
to share information regarding drug trafficking and
drug production with other federally funded drug
enforcement task forces in the high intensity drug
trafficking area;
``(D) the role of the high intensity drug trafficking
area in coordinating the sharing of such information
among task forces;
``(E) the nature and extent of cooperation by each
Federal, State, local, and Tribal participant in
ensuring that such information is shared among law
enforcement agencies and with the high intensity drug
trafficking area;
``(F) the nature and extent to which information
sharing and enforcement activities are coordinated with
joint terrorism task forces in the high intensity drug
trafficking area; and
``(G) any recommendations for measures needed to
ensure that task force resources are utilized
efficiently and effectively to reduce the availability
of illegal drugs in the high intensity drug trafficking
areas; and
``(5) in consultation with the Director of National
Intelligence--
``(A) evaluates existing and planned law enforcement
intelligence systems supported by such high intensity
drug trafficking area, or utilized by task forces
receiving any funding under the Program, including the
extent to which such systems ensure access and
availability of law enforcement intelligence to
Federal, State, local, and Tribal law enforcement
agencies within the high intensity drug trafficking
area and outside of such area;
``(B) evaluates the extent to which Federal, State,
local, and Tribal law enforcement agencies
participating in each high intensity drug trafficking
area are sharing law enforcement intelligence
information to assess current drug trafficking threats
and design appropriate enforcement strategies; and
``(C) identifies the measures needed to improve
effective sharing of information and law enforcement
intelligence regarding drug trafficking and drug
production among Federal, State, local, and Tribal law
enforcement participating in a high intensity drug
trafficking area, and between such agencies and similar
agencies outside the high intensity drug trafficking
area.
``(l) Coordination of Law Enforcement Intelligence Sharing With
Organized Crime Drug Enforcement Task Force Program.--
``(1) Drug enforcement intelligence sharing.--The Director,
in consultation with the Attorney General, shall ensure that
any drug enforcement intelligence obtained by the Intelligence
Support Center for each high intensity drug trafficking area is
shared, on a timely basis, with the drug intelligence fusion
center operated by the Organized Crime Drug Enforcement Task
Force of the Department of Justice.
``(2) Certification.--Before the Director awards any funds to
a high intensity drug trafficking area, the Director shall
certify that the law enforcement entities participating in that
HIDTA are providing laboratory seizure data to the national
clandestine laboratory database at the El Paso Intelligence
Center.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to the Office to carry out this section $280,000,000 for
each fiscal years 2019 through 2023.
``(n) Specific Purposes.--
``(1) In general.--The Director shall ensure that, of the
amounts appropriated for a fiscal year for the Program, at
least 2.5 percent is used in high intensity drug trafficking
areas with severe neighborhood safety and illegal drug
distribution problems.
``(2) Required uses.--The funds used under paragraph (1)
shall be used to ensure the safety of neighborhoods and the
protection of communities, including the prevention of the
intimidation of witnesses of illegal drug distribution and
related activities and the establishment of or support for
programs that provide protection or assistance to witnesses in
court proceedings.
``(3) Best practice models.--The Director shall work with the
HIDTAs to develop and maintain best practice models to assist
State, local, and Tribal governments in addressing witness
safety, relocation, financial and housing assistance, or any
other services related to witness protection or assistance in
cases of illegal drug distribution and related activities. The
Director shall ensure dissemination of the best practice models
to each HIDTA.
``SUBCHAPTER III--DRUG-FREE COMMUNITIES SUPPORT PROGRAM
``Sec. 1031. Establishment of drug-free communities support program
``(a) Establishment.--The Director shall establish a program to
support communities in the development and implementation of
comprehensive, long-term plans and programs to prevent and treat
substance use and misuse among youth.
``(b) Program.--In carrying out the Program, the Director shall--
``(1) make and track grants to grant recipients;
``(2) provide for technical assistance and training, data
collection, and dissemination of information on state-of-the-
art practices that the Director determines to be effective in
reducing substance use; and
``(3) provide for the general administration of the Program.
``(c) Administration.--The Director shall appoint an Administrator to
carry out the Program.
``(d) Contracting.--The Director may employ any necessary staff and
may enter into contracts or agreements with national drug control
agencies, including interagency agreements, to delegate authority for
the execution of grants and for such other activities necessary to
carry out this chapter.
``Sec. 1032. Program authorization
``(a) Grant Eligibility.--To be eligible to receive an initial grant
or a renewal grant under this subchapter, a coalition shall meet each
of the following criteria:
``(1) Application.--The coalition shall submit an application
to the Administrator in accordance with section 1033(a)(2).
``(2) Major sector involvement.--
``(A) In general.--The coalition shall consist of 1
or more representatives of each of the following
categories:
``(i) Youth.
``(ii) Parents.
``(iii) Businesses.
``(iv) The media.
``(v) Schools.
``(vi) Organizations serving youth.
``(vii) Law enforcement.
``(viii) Religious or fraternal
organizations.
``(ix) Civic and volunteer groups.
``(x) Health care professionals.
``(xi) State, local, or tribal governmental
agencies with expertise in the field of
substance use prevention or substance use
disorders (including, if applicable, the State
authority with primary authority for substance
use and misuse).
``(xii) Other organizations involved in
reducing the prevalence of substance use and
misuse or substance use disorders.
``(B) Elected officials.--If feasible, in addition to
representatives from the categories listed in
subparagraph (A), the coalition shall have an elected
official (or a representative of an elected official)
from--
``(i) the Federal Government; and
``(ii) the government of the appropriate
State and political subdivision thereof or the
governing body or an Indian tribe (as that term
is defined in section 4(e) of the Indian Self-
Determination Act (25 U.S.C. 450b(e))).
``(C) Representation.--An individual who is a member
of the coalition may serve on the coalition as a
representative of not more than 1 category listed under
subparagraph (A).
``(3) Commitment.--The coalition shall demonstrate, to the
satisfaction of the Administrator--
``(A) that the representatives of the coalition have
worked together on substance use and misuse reduction
initiatives, which, at a minimum, includes initiatives
that target drugs described in section 1037(6)(A), for
a period of not less than 6 months, acting through
entities such as task forces, subcommittees, or
community boards; and
``(B) substantial participation from volunteer
leaders in the community involved (especially in
cooperation with individuals involved with youth such
as parents, teachers, coaches, youth workers, and
members of the clergy).
``(4) Mission and strategies.--The coalition shall, with
respect to the community involved--
``(A) have as its principal mission the reduction of
illegal drug use, which, at a minimum, includes the use
of illegal drugs described in section 1037(6)(A), in a
comprehensive and long-term manner, with a primary
focus on youth in the community;
``(B) describe and document the nature and extent of
the substance use and misuse problem, which, at a
minimum, includes the use and misuse of drugs described
in section 1037(6)(A), in the community;
``(C)(i) provide a description of substance use and
misuse prevention and treatment programs and
activities, which, at a minimum, includes programs and
activities relating to the use and misuse of drugs
described in section 1037(6)(A), in existence at the
time of the grant application; and
``(ii) identify substance use and misuse programs and
service gaps, which, at a minimum, includes programs
and gaps relating to the use and misuse of drugs
described in section 1037(6)(A), in the community;
``(D) develop a strategic plan to reduce substance
use and misuse among youth, which, at a minimum,
includes the use and misuse of drugs described in
section 1037(6)(A), in a comprehensive and long-term
fashion; and
``(E) work to develop a consensus regarding the
priorities of the community to combat substance use and
misuse among youth, which, at a minimum, includes the
use and misuse of drugs described in section
1037(6)(A).
``(5) Sustainability.--The coalition shall demonstrate that
the coalition is an ongoing concern by demonstrating that the
coalition--
``(A) is--
``(i)(I) a nonprofit organization; or
``(II) an entity that the Administrator
determines to be appropriate; or
``(ii) part of, or is associated with, an
established legal entity;
``(B) receives financial support (including, in the
discretion of the Administrator, in-kind contributions)
from non-Federal sources; and
``(C) has a strategy to solicit substantial financial
support from non-Federal sources to ensure that the
coalition and the programs operated by the coalition
are self-sustaining.
``(6) Accountability.--The coalition shall--
``(A) establish a system to measure and report
outcomes--
``(i) consistent with common indicators and
evaluation protocols established by the
Administrator; and
``(ii) approved by the Administrator;
``(B) conduct--
``(i) for an initial grant under this
subchapter, an initial benchmark survey of drug
use among youth (or use local surveys or
performance measures available or accessible in
the community at the time of the grant
application); and
``(ii) biennial surveys (or incorporate local
surveys in existence at the time of the
evaluation) to measure the progress and
effectiveness of the coalition; and
``(C) provide assurances that the entity conducting
an evaluation under this paragraph, or from which the
coalition receives information, has experience--
``(i) in gathering data related to substance
use and misuse among youth; or
``(ii) in evaluating the effectiveness of
community anti-drug coalitions.
``(7) Additional criteria.--The Director shall not impose any
eligibility criteria on new applicants or renewal grantees not
provided in this chapter.
``(b) Grant Amounts.--
``(1) In general.--
``(A) Grants.--
``(i) In general.--Subject to clause (iv),
for a fiscal year, the Administrator may grant
to an eligible coalition under this paragraph,
an amount not to exceed the amount of non-
Federal funds raised by the coalition,
including in-kind contributions, for that
fiscal year.
``(ii) Suspension of grants.--If such grant
recipient fails to continue to meet the
criteria specified in subsection (a), the
Administrator may suspend the grant, after
providing written notice to the grant recipient
and an opportunity to appeal.
``(iii) Renewal grants.--Subject to clause
(iv), the Administrator may award a renewal
grant to a grant recipient under this
subparagraph for each fiscal year following the
fiscal year for which an initial grant is
awarded, in an amount not to exceed the amount
of non-Federal funds raised by the coalition,
including in-kind contributions, for that
fiscal year, during the 4-year period following
the period of the initial grant.
``(iv) Limitation.--The amount of a grant
award under this subparagraph may not exceed
$125,000 for a fiscal year.
``(B) Coalition awards.--
``(i) In general.--Except as provided in
clause (ii), the Administrator may, with
respect to a community, make a grant to 1
eligible coalition that represents that
community.
``(ii) Exception.--The Administrator may make
a grant to more than 1 eligible coalition that
represents a community if--
``(I) the eligible coalitions
demonstrate that the coalitions are
collaborating with one another; and
``(II) each of the coalitions has
independently met the requirements set
forth in subsection (a).
``(2) Rural coalition grants.--
``(A) In general.--
``(i) In general.--In addition to awarding
grants under paragraph (1), to stimulate the
development of coalitions in sparsely populated
and rural areas, the Administrator may award a
grant in accordance with this section to a
coalition that represents a county with a
population that does not exceed 30,000
individuals. In awarding a grant under this
paragraph, the Administrator may waive any
requirement under subsection (a) if the
Administrator considers that waiver to be
appropriate.
``(ii) Matching requirement.--Subject to
subparagraph (C), for a fiscal year, the
Administrator may grant to an eligible
coalition under this paragraph, an amount not
to exceed the amount of non-Federal funds
raised by the coalition, including in-kind
contributions, for that fiscal year.
``(iii) Suspension of grants.--If such grant
recipient fails to continue to meet any
criteria specified in subsection (a) that has
not been waived by the Administrator pursuant
to clause (i), the Administrator may suspend
the grant, after providing written notice to
the grant recipient and an opportunity to
appeal.
``(B) Renewal grants.--The Administrator may award a
renewal grant to an eligible coalition that is a grant
recipient under this paragraph for each fiscal year
following the fiscal year for which an initial grant is
awarded, in an amount not to exceed the amount of non-
Federal funds raised by the coalition, including in-
kind contributions, during the 4-year period following
the period of the initial grant.
``(C) Limitations.--
``(i) Amount.--The amount of a grant award
under this paragraph shall not exceed $125,000
for a fiscal year.
``(ii) Awards.--With respect to a county
referred to in subparagraph (A), the
Administrator may award a grant under this
section to not more than 1 eligible coalition
that represents the county.
``(3) Additional grants.--
``(A) In general.--Subject to subparagraph (F), the
Administrator may award an additional grant under this
paragraph to an eligible coalition awarded a grant
under paragraph (1) or (2) for any first fiscal year
after the end of the 4-year period following the period
of the initial grant under paragraph (1) or (2), as the
case may be.
``(B) Scope of grants.--A coalition awarded a grant
under paragraph (1) or (2), including a renewal grant
under such paragraph, may not be awarded another grant
under such paragraph, and is eligible for an additional
grant under this section only under this paragraph.
``(C) No priority for applications.--The
Administrator may not afford a higher priority in the
award of an additional grant under this paragraph than
the Administrator would afford the applicant for the
grant if the applicant were submitting an application
for an initial grant under paragraph (1) or (2) rather
than an application for a grant under this paragraph.
``(D) Renewal grants.--Subject to subparagraph (F),
the Administrator may award a renewal grant to a grant
recipient under this paragraph for each of the fiscal
years of the 4-fiscal-year period following the fiscal
year for which the initial additional grant under
subparagraph (A) is awarded in an amount not to exceed
amounts as follows:
``(i) For the first and second fiscal years
of that 4-fiscal-year period, the amount equal
to 80 percent of the non-Federal funds,
including in-kind contributions, raised by the
coalition for the applicable fiscal year.
``(ii) For the third and fourth fiscal years
of that 4-fiscal-year period, the amount equal
to 67 percent of the non-Federal funds,
including in-kind contributions, raised by the
coalition for the applicable fiscal year.
``(E) Suspension.--If a grant recipient under this
paragraph fails to continue to meet the criteria
specified in subsection (a), the Administrator may
suspend the grant, after providing written notice to
the grant recipient and an opportunity to appeal.
``(F) Limitation.--The amount of a grant award under
this paragraph may not exceed $125,000 for a fiscal
year.
``(4) Process for suspension.--A grantee shall not be
suspended or terminated under paragraph (1)(A)(ii),
(2)(A)(iii), or (3)(C) unless that grantee is afforded a fair,
timely, and independent appeal prior to such suspension or
termination.
``(c) Treatment of Funds for Coalitions Representing Certain
Organizations.--Funds appropriated for the substance use and misuse
activities of a coalition that includes a representative of the Bureau
of Indian Affairs, the Indian Health Service, or a tribal government
agency with expertise in the field of substance use prevention may be
counted as non-Federal funds raised by the coalition for purposes of
this section.
``(d) Priority in Awarding Grants.--In awarding grants under
subsection (b)(1)(A)(i), priority shall be given to a coalition serving
economically disadvantaged areas.
``Sec. 1033. Information collection and dissemination with respect to
grant recipients
``(a) Coalition Information.--
``(1) General auditing authority.--For the purpose of audit
and examination, the Administrator--
``(A) shall have access to any books, documents,
papers, and records that are pertinent to any grant or
grant renewal request under this chapter; and
``(B) may periodically request information from a
grant recipient to ensure that the grant recipient
meets the applicable criteria under section 1032(a).
``(2) Application process.--The Administrator shall issue a
request for proposal regarding, with respect to the grants
awarded under section 1032, the application process, grant
renewal, and suspension or withholding of renewal grants. Each
application under this paragraph shall be in writing and shall
be subject to review by the Administrator.
``(3) Reporting.--The Administrator shall, to the maximum
extent practicable and in a manner consistent with applicable
law, minimize reporting requirements by a grant recipient and
expedite any application for a renewal grant made under this
subchapter.
``(b) Data Collection and Dissemination.--
``(1) In general.--The Administrator may collect data from--
``(A) national substance use and misuse organizations
that work with eligible coalitions, community anti-drug
coalitions, departments or agencies of the Federal
Government, or State or local governments and the
governing bodies of Indian tribes; and
``(B) any other entity or organization that carries
out activities that relate to the purposes of the
Program.
``(2) Activities of administrator.--The Administrator may--
``(A) evaluate the utility of specific initiatives
relating to the purposes of the Program;
``(B) conduct an evaluation of the Program; and
``(C) disseminate information described in this
subsection to--
``(i) eligible coalitions and other substance
use prevention organizations; and
``(ii) the general public.
``(3) Consultation.--The Administrator shall carry out
activities under this subsection in consultation with the
National Community Antidrug Coalition Institute.
``(4) Limitation on use of certain funds for evaluation of
program.--Amounts for activities under paragraph (2)(B) may not
be derived from amounts under section 1038(a) except for
amounts that are available under section 1038(b) for
administrative costs.
``Sec. 1034. Technical assistance and training
``(a) In General.--
``(1) Technical assistance and agreements.--With respect to
any grant recipient or other organization, the Administrator
may--
``(A) offer technical assistance and training; and
``(B) enter into contracts and cooperative
agreements.
``(2) Coordination of programs.--The Administrator may
facilitate the coordination of programs between a grant
recipient and other organizations and entities.
``(b) Training.--The Administrator may provide training to any
representative designated by a grant recipient in--
``(1) coalition building;
``(2) task force development;
``(3) mediation and facilitation, direct service, assessment
and evaluation; or
``(4) any other activity related to the purposes of the
Program.
``Sec. 1035. Supplemental grants for coalition mentoring activities
``(a) Authority to Make Grants.--As part of the program established
under section 1031, the Director may award an initial grant under this
subsection, and renewal grants under subsection (f), to any coalition
awarded a grant under section 1032 that meets the criteria specified in
subsection (d) in order to fund coalition mentoring activities by such
coalition in support of the program.
``(b) Treatment With Other Grants.--
``(1) Supplement.--A grant awarded to a coalition under this
section is in addition to any grant awarded to the coalition
under section 1032.
``(2) Requirement for basic grant.--A coalition may not be
awarded a grant under this section for a fiscal year unless the
coalition was awarded a grant or renewal grant under section
1032(b) for that fiscal year.
``(c) Application.--A coalition seeking a grant under this section
shall submit to the Administrator an application for the grant in such
form and manner as the Administrator may require.
``(d) Criteria.--A coalition meets the criteria specified in this
subsection if the coalition--
``(1) has been in existence for at least 5 years;
``(2) has achieved, by or through its own efforts, measurable
results in the prevention and treatment of substance use and
misuse among youth;
``(3) has staff or members willing to serve as mentors for
persons seeking to start or expand the activities of other
coalitions in the prevention and treatment of substance use and
misuse;
``(4) has demonstrable support from some members of the
community in which the coalition mentoring activities to be
supported by the grant under this section are to be carried
out; and
``(5) submits to the Administrator a detailed plan for the
coalition mentoring activities to be supported by the grant
under this section.
``(e) Use of Grant Funds.--A coalition awarded a grant under this
section shall use the grant amount for mentoring activities to support
and encourage the development of new, self-supporting community
coalitions that are focused on the prevention and treatment of
substance use and misuse in such new coalitions' communities. The
mentoring coalition shall encourage such development in accordance with
the plan submitted by the mentoring coalition under subsection (d)(5).
``(f) Renewal Grants.--The Administrator may make a renewal grant to
any coalition awarded a grant under subsection (a), or a previous
renewal grant under this subsection, if the coalition, at the time of
application for such renewal grant--
``(1) continues to meet the criteria specified in subsection
(d); and
``(2) has made demonstrable progress in the development of
one or more new, self-supporting community coalitions that are
focused on the prevention and treatment of substance use and
misuse.
``(g) Grant Amounts.--
``(1) In general.--Subject to paragraphs (2) and (3), the
total amount of grants awarded to a coalition under this
section for a fiscal year may not exceed the amount of non-
Federal funds raised by the coalition, including in-kind
contributions, for that fiscal year. Funds appropriated for the
substance use and misuse activities of a coalition that
includes a representative of the Bureau of Indian Affairs, the
Indian Health Service, or a tribal government agency with
expertise in the field of substance use prevention may be
counted as non-Federal funds raised by the coalition.
``(2) Initial grants.--The amount of the initial grant
awarded to a coalition under subsection (a) may not exceed
$75,000.
``(3) Renewal grants.--The total amount of renewal grants
awarded to a coalition under subsection (f) for any fiscal year
may not exceed $75,000.
``(h) Fiscal Year Limitation on Amount Available for Grants.--The
total amount available for grants under this section, including renewal
grants under subsection (f), in any fiscal year may not exceed the
amount equal to five percent of the amount authorized to be
appropriated by section 1038 for that fiscal year.
``(i) Priority in Awarding Initial Grants.--In awarding initial
grants under this section, priority shall be given to a coalition that
expressly proposes to provide mentorship to a coalition or aspiring
coalition serving economically disadvantaged areas.
``Sec. 1036. Authorization for National Community Antidrug Coalition
Institute
``(a) In General.--The Director shall, using amounts authorized to be
appropriated by subsection (d), make a competitive grant to provide for
the continuation of the National Community Anti-drug Coalition
Institute.
``(b) Eligible Organizations.--An organization eligible for the grant
under subsection (a) is any national nonprofit organization that
represents, provides technical assistance and training to, and has
special expertise and broad, national-level experience in community
antidrug coalitions under this subchapter.
``(c) Use of Grant Amount.--The organization that receives the grant
under subsection (a) shall continue a National Community Anti-Drug
Coalition Institute to--
``(1) provide education, training, and technical assistance
for coalition leaders and community teams, with emphasis on the
development of coalitions serving economically disadvantaged
areas;
``(2) develop and disseminate evaluation tools, mechanisms,
and measures to better assess and document coalition
performance measures and outcomes; and
``(3) bridge the gap between research and practice by
translating knowledge from research into practical information.
``(d) Authorization of Appropriations.--The Director shall, using
amounts authorized to be appropriated by section 1038, make a grant of
$2,000,000 under subsection (a), for each of the fiscal years 2019
through 2023.
``Sec. 1037. Definitions
``In this subchapter:
``(1) Administrator.--The term `Administrator' means the
Administrator appointed by the Director under section 1031(c).
``(2) Community.--The term `community' shall have the meaning
provided that term by the Administrator.
``(3) Eligible coalition.--The term `eligible coalition'
means a coalition that meets the applicable criteria under
section 1032(a).
``(4) Grant recipient.--The term `grant recipient' means the
recipient of a grant award under section 1032.
``(5) Program.--The term `Program' means the program
established under section 1031(a).
``(6) Substance use and misuse.--The term `substance use and
misuse' means--
``(A) the illegal use or misuse of drugs, including
substances for which a listing is in effect under any
of schedules I through V under section 202 of the
Controlled Substances Act (21 U.S.C. 812);
``(B) the misuse of inhalants or over the counter
drugs; or
``(C) the use of alcohol, tobacco, or other related
product as such use is prohibited by State or local
law.
``(7) Youth.--The term `youth' shall have the meaning
provided that term by the Administrator.
``Sec. 1038. Drug-free communities reauthorization
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Office to carry out this subchapter $99,000,000 for
each of fiscal years 2019 through 2023.
``(b) Administrative Costs.--Not more than 8 percent of the funds
appropriated for this subchapter may be used by the Office or, in the
discretion of the Director, an agency delegated to carry out the
program under section 1031(d) to pay for administrative costs
associated with carrying out the program.''.
(d) Technical and Conforming Amendment.--The table of chapters for
subtitle I of title 31, United States Code, is amended by adding at the
end the following new item:
``10. Office of National Drug Control....................... 1001''.
SEC. 3. REPEALS.
The following provisions are repealed:
(1) Section 203 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (Public Law 109-469; 21 U.S.C.
1708a).
(2) Title VIII of the Office of National Drug Control Policy
Reauthorization Act of 2006 (Public Law 109-469).
(3) Section 1105 of the Office of National Drug Control
Policy Reauthorization Act of 2006 (Public Law 109-469; 21
U.S.C. 1701 note).
(4) Section 1110 of Office of National Drug Control Policy
Reauthorization Act of 2006 (Public Law 109-469; 21 U.S.C. 1705
note).
(5) Section 1110A of the Office of National Drug Control
Policy Reauthorization Act of 2006 (Public Law 109-469; 21
U.S.C. 1705 note).
(6) Section 4 of Public Law 107-82 (21 U.S.C. 1521 note).
SEC. 4. OPIOID CRISIS RESPONSE.
(a) Emerging Threat Designation.--The Director shall designate
opioids and opioid analogues as emerging threats, in accordance with
section 1009 of title 31, United States Code, as added by section 2(b).
(b) Opioid Response Plan.--
(1) Issuance.--Not later than 60 days after the date of the
enactment of this Act, the Director shall publish, make
publicly available, and notify the President and the
appropriate congressional committees of, the plan required
under section 1009 of title 31, United States Code, as added by
section 2(b), to be designated as the ``National Opioid Crisis
Response Plan''.
(2) Contents.--The Director shall ensure the plan establishes
measurable goals, including reducing fatal and non-fatal
overdoses, and includes the following:
(A) Initiatives to ensure the United States mail is
effectively screened to prevent illicit drugs from
entering the United States, including--
(i) designating the United States Postal
Service as a National Drug Control Program
Agency;
(ii) directing the United States Postal
Service and any other related National Drug
Control Program Agency to take any appropriate
actions necessary to reduce the amount of
illicit drugs entering the country; and
(iii) developing an international
coordination plan, in accordance with section
1010 of such title 31, United States Code, as
added by section 2(b)), to include efforts to
address international drug control initiatives
and strengthen bilateral and multilateral
strategies to reduce illicit drugs and
precursor chemicals from entering the United
States through international mail or across
land borders or ports of entry.
(B) Support for universal adoption of evidence-based
prescribing guidelines, including--
(i) establishing a task force to supplement
existing prescribing guidelines with evidence-
based standards and to facilitate, coordinate,
and, as appropriate, conduct research to inform
such guidelines;
(ii) encouraging the adoption of evidence-
based prescribing guidelines by each relevant
agency, State and local governments, and
private sector organizations;
(iii) issuing guidance to National Drug
Control Program Agencies to, as appropriate,
revise regulations to ensure professionals have
effective continuing education requirements;
and
(iv) disseminating and encouraging the
adoption of best practices and evidence-based
guidelines for effective prescribing practices.
(C) A program to monitor the prescription drug market
and illicit drug market for changes in trends relevant
to reducing the supply or demand of such drugs.
(D) An initiative to facilitate and coordinate
Federal, State and local government initiatives,
studies, and pilot or demonstration programs designed
to evaluate the benefits of drug courts and related
programs that reduce substance use prevalence.
(E) Programs, developed in coordination with the
private sector, to--
(i) facilitate the development of treatment
and deterrent products, in accordance with
section 1010(c) of title 31, United States
Code, as added by section 2(b); and
(ii) encourage the expansion of medication
disposal programs and technology.
(F) Initiatives to encourage the National Drug
Control Program Agencies and the program established
under section 1010(d) of title 31, United States Code,
as added by section 2(b)--
(i) to prioritize the development of
sentencing standards or model codes for
trafficking opioids and opioid analogues; and
(ii) to advise States on establishing laws
and policies to address opioid issues based on
the recommendations developed and set forth by
the President's Commission on Combating Drug
Addiction and the Opioid Crisis.
(G) Working groups, established in accordance with
section 1010 of title 31, United States Code, as added
by section 2(b), to develop standards, and encourage
the use of such standards, for the collection of data
necessary to understand and monitor the opioid crisis,
including--
(i) State medical examiner reports on deaths
caused by overdoses and related statistical
data; and
(ii) first responder opioid intoxication
incidents.
(H) A program to identify successful college recovery
programs, including sober housing programs that provide
a shared living residence free of alcohol or illicit
drug use for individuals recovering from drug or
alcohol addiction and substance use disorders, on
college campuses and disseminate best practices to
Colleges and Universities to increase the number and
capacity of such programs.
(I) Convening working groups, consisting of the
appropriate National Drug Control Program Agencies,
State, local and Tribal governments, and other
appropriate stakeholders, established in accordance
with section 1010 of title 31, United States Code--
(i) to support Prescription Drug Monitoring
Programs by--
(I) facilitating the sharing of
program data among States and Federal
prescription drug monitoring programs
to ensure interoperability of such
programs;
(II) assisting States in increasing
utilization of such programs;
(III) facilitating efforts to
incorporate available overdose and
naloxone deployment data into such
programs;
(IV) evaluating barriers to
integrating program data with
electronic health records; and
(V) offering recommendations to
address identified barriers; and
(ii) to develop standards, and encourage the
use of such standards, for the collection of
data necessary to understand and monitor the
opioid crisis, including--
(I) State medical examiner reports on
deaths caused by overdoses and related
statistical data; and
(II) first responder opioid
intoxication incidents.
(J) Research initiatives, to be initiated not later
than 30 days after the issuance of the plan, to
evaluate the uses and barriers to use of and the
effects of improving the following programs:
(i) Medication Assisted Treatment.
(ii) Data collection systems used to confirm
opioid use by individuals who have been
arrested or hospitalized.
(K) A requirement for an Advisory Committee on
Substance Use Disorder Treatment Standards, to be
established not later than 120 days after the issuance
of the plan, to promulgate model evidence-based
standards for substance use disorder treatment and
recovery facilities which--
(i) shall be chaired by the Director;
(ii) shall include as members of the advisory
committee representatives of the relevant
National Drug Control Program Agencies;
(iii) may include as members of the advisory
committee government regulators, State
representatives, consumer representatives,
substance use disorder treatment providers,
recovery residence owners and operators, and
purchasers of substance use disorder
treatments; and
(iv) shall ensure such model standards are
promulgated no later than 2 years after the
date of the issuance of the plan.
(c) Recommendations.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to Congress a report
on the results of the initiatives conducted under subsection (b)(2)(K)
and recommendations based on such results.
SEC. 5. EXCEPTIONS AND RULES OF CONSTRUCTION.
(a) Rules of Construction.--Nothing in this Act, or the amendments
made by this act shall be construed as derogating the authorities and
responsibilities of the Director of National Intelligence or the
Director of the Central Intelligence Agency contained in the National
Security Act of 1947 (50 U.S.C. 401 et seq.), the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403a et seq.), or any other law.
(b) Inapplicability to Certain Programs.--This Act, and the
amendments made by this Act, shall not apply to the National
Intelligence Program and the Military Intelligence Program, unless such
program or an element of such program is designated as a National Drug
Control Program--
(1) by the President; or
(2) jointly by--
(A) in the case of the National Intelligence Program,
the Director and the Director of National Intelligence;
or
(B) in the case of the Military Intelligence Program,
the Director, the Director of National Intelligence,
and the Secretary of Defense.
(c) Classified Information.--Any contents of any report required
under this Act or the amendments made by this Act that involve
information properly classified under criteria established by an
Executive order shall be presented to Congress separately from the rest
of such report.
SEC. 6. GAO STUDY AND REPORTS.
(a) Reports.--
(1) Initial.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General shall provide an
initial report to the appropriate Congressional Committees.
(2) Final.--Not later than 6 years after the date of the
enactment of this Act, the Comptroller General shall provide a
final report to the appropriate Congressional Committees.
(b) Contents of Report.--The reports described in subsection (a)
shall include the following:
(1) A review of the implementation of the education and
outreach campaign for emerging threats, including--
(A) whether the objectives of the campaign and the
media campaign have been met during the relevant
period; and
(B) whether the Office took steps to ensure that the
campaign operated in an efficient and effective manner
consistent with the overall strategy and focus of the
campaign.
(2) A review of the adherence to policies and practices
implemented to ensure that Federal funds were used responsibly
to purchase advertising time and space and eliminate the
potential for waste, fraud and abuse.
(3) An evaluation of the most recent, applicable National
Drug Control Strategy, including whether the National Drug
Control Strategy met the requirements of section 1005 of title
31, United States Code, as added by section 2(b).
(4) An evaluation of whether the required annual assessments
prepared by the Office met the requirements of section 1006 of
title 31, United States Code, as added by section 2(b).
(5) Such other matters as the Comptroller General determines
to be appropriate.
SEC. 7. DEFINITIONS.
In this Act, the terms ``appropriate congressional committees'',
``Director'', ``drug'', ``illicit drug use'', ``illicit drugs'', and
``National Drug Control Program Agencies'' have the meaning given those
terms in section 1001 of title 31, United States Code.
Summary and Purpose of Legislation
H.R. 5925, the Coordinated Response through Interagency
Strategy and Information Sharing Act, or the CRISIS Act,
reauthorizes the Office of National Drug Control Policy (the
Office) and changes the name of the Office to the Office of
National Drug Control, to reflect the fact the Office's
responsibilities extend beyond policymaking. The bill adds a
new chapter 10 to title 31, United States Code. The new chapter
10 establishes and details the Office's responsibilities and
authorities, which are based on the previous authorizing
statute. Chapter 10 also reauthorizes and codifies the High
Intensity Drug Trafficking Areas Program and the Drug-Free
Communities Support Program and directs the Office to issue an
Opioid Response Plan not later than 60 days after enactment.
Background and Need for Legislation
Thirty years ago, the Anti-drug Abuse Act of 1988
established the Office to set the Nation's drug control policy
and priorities and to coordinate and oversee government-wide
implementation of the National Drug Control Program.\1\ The
unified drug control policy and the Office's coordinating role
are critical to ensure federal drug control efforts are
effective and to prevent unnecessary duplication and waste. The
National Drug Control Program includes nearly 40 designated
executive departments, agencies, or components; elements of the
Judicial branch; and at least 130 distinct programs.\2\ The
President's fiscal year 2019 budget requests $29.9 billion for
the drug control efforts of National Drug Control Program
agencies.\3\
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\1\Pub. L. No. 100-690 (1988).
\2\Exec. Office of the President, FY 2014 Budget and Performance
Summary Report, https://www.whitehouse.gov/sites/whitehouse.gov/files/
ondcp/budget-performance/fy2014_budget_and_performance-summary.pdf.
\3\Exec. Office of the President, National Drug Control Budget FY
2019 Funding Highlights (on file with the Committee).
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The objectives of the National Drug Control Program
generally focus on reducing the supply of, and demand for,
illicit drugs, and cover a spectrum of activities, including
prevention, treatment, interdiction, domestic law enforcement,
and international coordination.
SUBSTANCE USE DISORDER EPIDEMIC
In December 2017, the Centers for Disease Control and
Prevention (CDC) reported life expectancy in the United States
dropped for the second year in a row, primarily due to drug
overdoses.\4\ The CDC also reported that in 2016, nearly 64,000
Americans died from drug overdoses\5\--a figure that rivals the
peak death figures from HIV/AIDS in the mid-1990s.\6\ The
Department of Health and Human Services estimates more than 20
million adults in the United States have substance use
disorders.\7\ The availability of evidence-based treatment is
critically important to addressing this epidemic, but a wide
treatment gap exists. According to the President's Commission
on Combating Drug Addiction and the Opioid Crisis (the
President's Commission), ``[t]oday, only 10.6% of youth and
adults who need treatment for a substance use disorder receive
that treatment.''\8\
---------------------------------------------------------------------------
\4\Kenneth D. Kochanek et al., Centers for Disease Control &
Prevention, Mortality in the United States, 2016 (Dec. 2017), https://
www.cdc.gov/nchs/data/databriefs/db293.pdf.
\5\Holly Hedegaard et al., Centers for Disease Control &
Prevention, Drug Overdose Deaths in the United States, 1999-2016 (Dec.
2017), https://www.cdc.gov/nchs/data/databriefs/db294.pdf.
\6\Ctrs. for Disease Control & Prevention, HIV Surveillance 1981-
2008, 60(21) MMWR 689-96 (June 3, 2011), available at https://
www.cdc.gov/mmwr/preview/mmwrhtml/mm6021a2.htm.
\7\Substance Abuse & Mental Health Services Administration, Mental
and Substance Use Disorders, https://www.samhsa.gov/disorders (last
updated June 20, 2017).
\8\The President's Commission on Combating Drug Addiction and the
Opioid Crisis, Final Report (2017) (hereinafter Commission Report).
---------------------------------------------------------------------------
Opioids--prescription and illicit--are a leading
contributor to the increase in drug overdose deaths in the
United States. Opioids are a class of drugs that includes
hydrocodone, oxycodone, heroin, and synthetic analogs such as
fentanyl.\9\ Opioids are most often prescribed to relieve or
manage pain. Opioids have also been heavily marketed by
pharmaceutical companies and are highly addictive.\10\ A
dramatic increase in the prescription rates for opioids in
recent years has contributed to unprecedented levels of
dependency and misuse.\11\ According to the President's
Commission, ``sales of prescription opioids in the U.S. nearly
quadrupled from 1999 to 2014.''\12\
---------------------------------------------------------------------------
\9\Centers for Disease Control & Prevention: Opioid Data Analysis,
https://www.cdc.gov/drugoverdose/data/analysis.html (last visited Apr.
3, 2018).
\10\Commission Report, supra note 8, at 20.
\11\Nat'l Institute on Drug Abuse, Opioid Overdose Crisis, https://
www.drugabuse.gov/drugs-abuse/opioids/opioid-overdose-crisis (last
revised March 2018); Fentanyl: The Next Wave of the Opioid Crisis:
Hearing before the H. Comm. on Energy & Commerce, 115th Cong. (Mar. 21,
2017) (statement of Wilson M. Compton, Deputy Director, Nat'l Institute
on Drug Abuse, Nat'l Institutes of Health, Dep't of Health & Human
Serv.).
\12\Commission Report, supra note 5.
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As the medical community has become more aware of the
dangers of prescription opioids and has begun altering
prescribing practices, there has been a dramatic increase in
the use of non-prescription opioids, which are less expensive
and easier to obtain.\13\ For example, since 2010, heroin-
related overdose deaths have increased fivefold.\14\ Synthetic
opioids like fentanyl, which is 30 to 50 times more potent than
heroin,\15\ accounted for more than 20,000 overdose deaths in
2016.\16\
---------------------------------------------------------------------------
\13\Nat'l Institute on Drug Abuse, Opioid Overdose Crisis, https://
www.drugabuse.gov/drugs-abuse/opioids/opioid-overdose-crisis (last
revised March 2018); Fentanyl: The Next Wave of the Opioid Crisis:
Hearing before the H. Comm. on Energy & Commerce, 115th Cong. (Mar. 21,
2017) (statement of Wilson M. Compton, Deputy Director, Nat'l Institute
on Drug Abuse, Nat'l Institutes of Health, Dep't of Health & Human
Serv.).
\14\Centers for Disease Control & Prevention: Heroin Overdose Data,
https://www.cdc.gov/drugoverdose/data/heroin.html (last visited Apr. 3,
2018).
\15\Drug Enf't Admin.: Fentanyl FAQs, https://www.dea.gov/druginfo/
fentanyl-faq.shtml (last visited June 5, 2018).
\16\Nat'l Inst. on Drug Abuse: Overdose Death Rates, https://
www.drugabuse.gov/related-topics/trends-statistics/overdose-death-rates
(last visited Apr. 3, 2018).
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The opioid crisis in the United States appears to be
worsening. Every day, 175 Americans die from a drug overdose,
115 of which are from opioids.\17\ In 2016, 2.1 million
Americans had an opioid use disorder and 42,249 Americans died
from overdosing on opioids.\18\ According to the CDC, from July
2016 through September 2017, emergency room visits ``for
suspected opioid overdoses'' increased 30 percent in the United
States.\19\ During that period, emergency room visits due to
opioid overdoses increased ``for men and women, all age groups,
and all regions.''\20\ Dr. Anand Parekh, Chief Medical Advisor
for the Bipartisan Policy Center, testified before the
Committee, ``this crisis, 20 years in the making, will get
worse before it gets better.''\21\
---------------------------------------------------------------------------
\17\Nat'l Institute on Drug Abuse: Overdose Death Rates, https://
www.drugabuse.gov/related-topics/trends-statistics/overdose-death-rates
(last visited June 5, 2018); Centers for Disease Control and
Prevention, Understanding the Epidemic, https://www.cdc.gov/
drugoverdose/epidemic/index.html (last visited June 5, 2018).
\18\A Sustainable Solution to the Evolving Opioid Crisis:
Revitalizing the Office of National Drug Control Policy: Hearing Before
the H. Comm. on Oversight & Gov't Reform, 115th Cong. (May 17, 2018)
(statement of Dr. Anand Parekh, Chief Medical Advisor, Bipartisan
Policy Center).
\19\Press Release, Centers for Disease Control & Prevention,
Emergency Department Data Show Rapid Increases in Opioid Overdoses
(2018), available at https://www.cdc.gov/media/releases/2018/p0306-vs-
opioids-overdoses.html.
\20\Id.
\21\Hearing Before the H. Comm. on Oversight & Gov't Reform, supra
note 18.
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The Administration's Response: A Public Health Emergency and the
President's Commission on Combatting Drug Addiction and the
Opioid Crisis
On October 26, 2017, the President directed the
Administration to declare a public health emergency to address
the growing opioid epidemic.\22\
---------------------------------------------------------------------------
\22\Press Release, Dep't of Health & Human Serv., HHS Acting
Secretary Declares Public Health Emergency to Address National Opioid
Crisis (Oct. 26, 2017), https://www.hhs.gov/about/news/2017/10/26/hhs-
acting-secretary-declares-public-health-emergency-address-national-
opioid-crisis.html.
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On March 29, 2017, the President issued Executive Order
13784, establishing the President's Commission on Combating
Drug Addiction and the Opioid Crisis. The President charged the
Commission with studying the scope and effectiveness of the
federal response to drug addiction and the opioid crisis, and
making recommendations to improve the federal response.\23\ The
Office of National Drug Control Policy was responsible for
facilitating the work of the Commission, providing
administrative support, and ensuring compliance with the
Federal Advisory Committee Act.\24\ Chaired by former New
Jersey Governor Chris Christie, the Commission held multiple
meetings and received testimony from numerous witnesses.\25\
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\23\Exec. Order No. 13784, 82 Fed. Reg. 16283 (Mar. 29, 2017).
\24\Id.
\25\2Office of Nat'l Drug Control Policy Meetings, https://
www.whitehouse.gov/ondcp/presidents-commission/meetings/ (last visited
May 31, 2018).
---------------------------------------------------------------------------
The Commission issued an interim report containing 9
recommendations and a final report containing 56
recommendations to address the opioid crisis.\26\ Governor
Christie testified to the Committee on November 28, 2017, that
the recommendations from both the draft and final reports
``should be read together'' and constitute the full set of
recommendations from the Commission.\27\ H.R. 5925 addresses
findings and recommendations from the Commission's report by:
(1) improving data access, collection, standardization, and
requiring ONDCP to use this data to monitor, inform, evaluate,
and address the crisis; (2) enhancing coordination efforts
among and between states, federal agencies, private sector
entities, and nonprofit organizations; and (3) strengthening
capacity for oversight, tracking, and evidence-based decision
making in the use of federal resources to combat the opioid
epidemic.
---------------------------------------------------------------------------
\26\Commission Report, supra note 8.
\27\Combating the Opioid Crisis: Hearing Before the H. Comm. on
Oversight & Gov't Reform, 115th Cong. (Nov. 28, 2017).
---------------------------------------------------------------------------
THE OFFICE'S ROLE IN THE NATION'S DRUG CONTROL EFFORTS AND ACTIVITIES
Over the last 30 years, the Office has operated under a
number of authorizing and appropriating laws. Until 2010, the
Director of the Office--often informally referred to as the
nation's ``Drug Czar''--served on the President's cabinet. The
Office's most recent authorization expired in 2010, and annual
funding for the Office began to decline from more than $29.5
million in fiscal year 2010 to $18.4 million in fiscal year
2018.\28\
---------------------------------------------------------------------------
\28\Pub. L. No. 111-117, div. C, title II, 123 Stat. 3170 (2009);
Pub. L. No. 115-141 (2018).
---------------------------------------------------------------------------
H.R. 5925 reaffirms the role of the Office by increasing
its prominence and strengthening its coordinating roles and
responsibilities. Prior authorizations, though well intended,
have been layered one on top of the other in the statutes at
large, creating ambiguity as to the state of current law.\29\
H.R. 5925 places the Office's authorizing law into the U.S.
Code, creating a new chapter 10 in title 31. Putting the office
in title 31 places the Office on level ground with the Office
of Management and Budget (OMB).
---------------------------------------------------------------------------
\29\According to the Office of Law Revision Counsel, ``A positive
law title of the Code is itself a Federal statute. A non-positive law
title of the Code is an editorial compilation of Federal statutes.''
Because of this distinction, non-positive law titles may not reflect
the exact letter of the law. For example, section 103(f) of the 2006
reauthorization, which created the role of the Interdiction Coordinator
appears intended to replace the prior section 711 of the 1998
reauthorization, which required an interdiction budget, but the 2006
law directed the amendment of section 711 by ``by adding at the end'' a
new section 711. Pub. L. 109-469, 120 Stat. 3507. The Office of Law
Revision Counsel's editorial compilation reflects the likely intent of
the law, which is to replace the 1998 section 711, but not the actual
law, which is to add at the end of section 711. Positive Law
Codification, OLC, http://uscode.house.gov/codification/
legislation.shtml (last visited June 1, 2018).
---------------------------------------------------------------------------
Office structure
Prior authorizations established an Office led by a
Director and four deputy directors, including a principal
deputy director, a deputy director for demand reduction, a
deputy director for supply reduction, and a deputy director for
state, local, and tribal affairs. H.R. 5925 aims to respond to
the nation's growing drug crisis by strengthening government-
wide coordination across agencies working on supply and demand
reduction at the federal, state, local, and tribal levels. To
that end, H.R. 5925 restructures the Office by reducing the
number of deputy directors from four to one.
H.R. 5925 also aims to decrease the potential for the
emergence of ``silos'' within the Office, while ensuring
necessary responsibility for, and attention to, the priority
objectives of national drug control efforts. The bill creates
four new coordinator positions, including: (1) a performance-
budget coordinator; (2) an emerging threats coordinator; (3) a
state, local and tribal affairs coordinator; and (4) a
treatment coordinator. The bill retains the interdiction
coordinator position established in the 2006 reauthorization to
coordinate interdiction activities under the National
Interdiction Command and Control Plan.\30\ The bill creates a
new treatment coordinator to coordinate efforts to expand the
availability of evidence-based substance use disorder
treatment. The shift from deputy directors to coordinators
creates more flexibility in the Office's organizational
structure while ensuring the Office's activities and resources
are focused on key priorities.
---------------------------------------------------------------------------
\30\Pub. L. No. 109-469.
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National Drug Control Strategy
The Office establishes national drug control policy
primarily through the issuance of an annual National Drug
Control Strategy (Strategy). The Strategy sets forth goals and
performance measures for the National Drug Control Program
agencies (NDCP agencies). The Strategy also communicates and
reflects national drug control policy developed in coordination
with state, local, and tribal governments.
To ensure the Strategy remains current while reducing the
sometimes unnecessary burden of annual reconsideration, H.R.
5925 requires the Strategy to be promulgated quadrennially
instead of annually. H.R. 5925 does not require the issuance of
the Strategy until the second year of a new Presidential term,
but requires the Office to issue a policy statement during the
first year of a Presidential term. The policy statement is not
required to provide the level of detail required of the
Strategy. H.R. 5925 retains the requirement to update
performance metrics annually, which will enable the Office to
more precisely measure progress toward achieving the Strategy's
goals and adjust performance targets and indicators
appropriately.
National Drug Control Budget
Since 1988, the Office has been responsible for reviewing
the budget requests for each NDCP agency to ensure requested
funding is adequate to achieve the goals of the Strategy.\31\
The annual cycle is as follows:
---------------------------------------------------------------------------
\31\21 U.S.C. 1703(c).
---------------------------------------------------------------------------
1. The Office submits suggested budget requests to
each NDCP agency by July 1 of each year;
2. NDCP agencies submit proposed drug control budgets
to the Director prior to submission to OMB;
3. The Director determines whether the proposed
budget request is adequate to meet the goals of the
Strategy and offers recommendations if such proposed
budget request is inadequate;
4. NDCP agencies must revise any inadequate budget
requests prior to submitting them to OMB;
5. NDCP agencies submit final budget requests to OMB
and the Director;
6. The Director conducts a final review of each
request submitted to OMB and may decertify budgets that
are inadequate to achieve the goals of the Strategy;
and
7. The Director submits a consolidated National Drug
Control Budget to the President and Congress.
H.R. 5925 strengthens oversight of the budget resources of
NDCP agencies by requiring the Office to provide an affirmative
statement as to whether each agency's budgetary resources will
be sufficient to enable it to meet the goals of the Strategy.
The Office then must submit a consolidated budget that
indicates the level of funding requested for each agency and a
determination of whether the funding level is fully sufficient,
partially sufficient, or insufficient to enable the agency to
achieve the goals of the Strategy, with a proposal for any
additional funding needed to fund the Strategy fully.
Education and Public Awareness Campaign
The President's Commission recommended a national media
campaign as an important initiative to address the opioid
epidemic. The Commission recommended the Administration ``fund
and collaborate with private sector and non-profit partners to
design and implement a wide-reaching, national multi-platform
media campaign addressing the hazards of substance use, the
danger of opioids, and stigma.''\32\
---------------------------------------------------------------------------
\32\Commission Report, supra note 8, at 12.
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H.R. 5925 requires the Office to establish and implement an
education campaign focused on preventing substance misuse and
raising public awareness of any drug designated as an emerging
threat. H.R. 5925 designates opioids as an emerging threat,
triggering the requirement for the Office to plan and implement
a national evidence-based campaign to educate the public about
the hazards of opioids and the availability of substance use
disorder treatment. The education and public awareness campaign
replaces the previously authorized media campaign--the 1998
National Youth Anti-Drug Media Campaign--which focused on
preventing drug use among youth.
While the prior campaign was authorized for $210 million
for fiscal years 2010 and 2011,\33\ H.R. 5925 authorizes $25
million for carrying out the education and public awareness
campaign to respond to emerging threats. The authorization
covers the range of activities needed to support an effective
campaign, including monitoring for emerging threats, developing
and implementing the broader emerging threats plan, and
ensuring sufficient data sharing and coordination to fulfill
the functions of section 1009. The authorization is
substantially lower than the previous authorization because the
creation of new platforms, such as social media, has enabled
information-sharing at a lower cost than traditional media.\34\
---------------------------------------------------------------------------
\33\See 21 U.S.C. 1708(l).
\34\See, e.g., Evaluating Communication Campaigns, Ctrs. for
Disease Control, https://blogs.cdc.gov/publichealthmatters/2018/04/
evaluating-campaigns/ (last visited June 4, 2018).
---------------------------------------------------------------------------
H.R. 5925 expressly requires the Director to ensure the
media campaign is modeled on strategies proven to be effective.
According to the President's Commission, ``Mass-media campaigns
are one of the primary universal prevention strategies for
delivering educational messages on health promotion to youth
and adults.''\35\ However, the Commission's report also stated,
``for a mass-media campaign to be effective, it is critical to
develop coherent, credible, evidence based-messages that are
grounded in behavioral science.''\36\ The report cites the 1998
National Youth Anti-Drug Media Campaign as an example of an
ineffective campaign.\37\ The media campaign authorized in 2006
was more effective than the 1998 campaign, but it too was found
not to have fully achieved its objectives.
---------------------------------------------------------------------------
\35\Commission Report, supra note 8, at 44.
\36\Id. at 45.
\37\Id.; U.S. Gov't Accountability Off., GAO-06-818, ONDCP Media
Campaign: Contractor's National Evaluation Did Not Find That the Youth
Anti-Drug Media Campaign Was Effective in Reducing Youth Drug Use
(2006).
---------------------------------------------------------------------------
Given the lessons learned from prior campaigns and the
urgent need for effective solutions in the face of the ongoing
opioid epidemic, H.R. 5925 requires the Office to adopt an
evidence-based approach at the onset of the Education and
Public Awareness Campaign.
Opioid Plan
H.R. 5925 requires the Office to issue a National Opioid
Crisis Response Plan (Opioid Plan) within 60 days of the date
of enactment to guide efforts to combat the opioid crisis. H.R.
5925 requires the Director to ensure the Opioid Plan addresses
several recommendations made by the President's Commission. For
example, H.R. 5925 requires the Opioid Plan to provide for the
creation of working groups consisting of appropriate
stakeholders to support better use of Prescription Drug
Monitoring Programs (PDMPs) by improving data sharing,
increasing utilization of PDMPs, and supporting the
incorporation of available overdose and naloxone deployment
data.
The Opioid Plan must include an evaluation of the benefits
of drug courts and similar programs, such as pre-trial
diversion and reentry programs that have shown promise at
ending the cycle of addiction. The Opioid Plan must encourage
NDCP agencies and states, through the Model Acts program, to
develop sentencing standards or model codes on opioid analog
trafficking and advise states on establishing policies based on
the President's Commission recommendations.
The Opioid Plan takes an important step to helping ensure
that substance use disorder treatments are effective by
requiring the establishment of an Advisory Committee on
Substance Use Disorder Treatment Standards not later than 120
days after the issuance of the Opioid Plan to promulgate
voluntary model evidence-based standards for substance use
disorder treatment and recovery facilities. The amendment
leaves the Advisory Committee flexibility on which standards to
address but such standards could include licensure of treatment
programs, credentialing of treatment professionals, and the
prevention of patient brokering and fee splitting arrangements
between treatment and recovery residence programs, by the
appropriate organizations or agencies and at the appropriate
level of government.
Nothing in H.R. 5925 prohibits or reduces access to
behavior recovery treatment. Evidence-based behavioral recovery
treatment, including faith-based programs and treatment, plays
an important role in combating substance use disorder. While
medication assisted treatment provides an important pathway to
recovery, behavioral recovery treatment groups can be important
components of long-term, sustained recovery.\38\ This includes
Substance Abuse and Mental Health Services Administration
(SAMHSA) list group programs such as Alcoholics Anonymous and
other peer-support and faith-based, self-help, and group-based
addiction recovery support solutions.\39\
---------------------------------------------------------------------------
\38\R. Kathryn McHugh et al, Cognitive-Behavioral Therapy for
Substance Use Disorders, 33 Psychiatric Clinics of N. Am. 511 (2010).
\39\Substance Abuse & Mental Health Services Administration,
Behavioral Health Treatment Services Locator, https://
findtreatment.samhsa.gov/locator/link-focSelfGP (last visited June 15,
2018).
---------------------------------------------------------------------------
The Office's increased role in information sharing
Many of the Commission's recommendations called for
improving the collection, standardization, and dissemination of
information. For example, the Commission recommended ``a
federal effort to strengthen data collection activities
enabling real-time surveillance of the opioid crisis at the
national, state, local, and tribal levels.''\40\
---------------------------------------------------------------------------
\40\Commission Report, supra note 5, at 14.
---------------------------------------------------------------------------
The Government Accountability Office (GAO) also highlighted
the need for the Office to strengthen information sharing
initiatives in a report issued in March 2018.\41\ The report
stated, ``embarking on a concerted effort to examine and
address data related concerns, such as timeliness and accuracy,
will allow law enforcement and public health agencies to better
share information as they continue to understand and respond to
the opioid epidemic.''\42\
---------------------------------------------------------------------------
\41\U.S. Gov't Accountability Office, GAO-18-205, Combating
Synthetic Opioids (2018).
\42\Id.
---------------------------------------------------------------------------
GAO recommended the Director, ``in collaboration with law
enforcement and public health counterparts, lead a review on
ways to improve the timeliness, accuracy, and accessibility of
fatal and non-fatal overdose data from law enforcement and
public health sources that provide critical information to
understand and respond to the opioid epidemic.''\43\
---------------------------------------------------------------------------
\43\Id.
---------------------------------------------------------------------------
H.R. 5925 requires the Director to designate an agency to
establish and operate a fusion center--which shall be a federal
statistical agency--to work with NDCP agencies to facilitate
the sharing of information on the use of illicit drugs,
treatment for substance use disorders, and interdiction of
illicit drugs.
H.R. 5925 improves the availability of timely data on
supply of and demand for illicit drugs by requiring the Office
to create a ``data dashboard'' to provide basic data--updated
at least quarterly--on the flows of illicit drugs and on drug
use trends, including fatal and nonfatal overdoses. The Office
is also required to develop a systematic plan to increase the
collection of data to enable real-time tracking of drug trends.
H.R. 5925 authorizes a toxicology screening program to
obtain information on trends in the prevalence of drug use by
collecting and analyzing urine and other samples that are not
identifiable to the individual and otherwise would have been
discarded by hospitals, correctional facilities, booking sites,
probation programs, drug courts, and coroners and medical
examiners. The Office must consider existing resources,
expertise, and capabilities when designating an agency to house
the fusion center, with an eye toward limiting additional costs
and burdens associated with establishing and operating the
center. The authorization for the fusion center includes
important privacy protections regarding anonymization and use
of data obtained through the toxicology screening program.
H.R. 5925 requires the Director to establish a working
group of federal agencies and state, local, and tribal
government health and law enforcement agencies, data experts,
and other stakeholders to develop interoperable data exchange
standards to improve information sharing among states, federal
agencies, and other relevant drug control data centers.
GRANT PROGRAMS ADMINISTERED THROUGH THE OFFICE
The Office currently administers two grant programs aimed
at reducing illicit drug use and availability at the local
level--the Drug Free Communities (DFC) program and the High
Intensity Drug Trafficking Areas (HIDTA) program. The DFC
program awards grants to community coalitions to prevent
substance use among adolescents through community collaboration
and organization.\44\ The HIDTA program coordinates federal,
state, and local law enforcement efforts to identify and
dismantle drug trafficking operations specific to each
regionally-designated HIDTA area.\45\ Both programs allow
grantees to tailor programs to meet the unique needs of their
communities.
---------------------------------------------------------------------------
\44\Office of Nat'l Drug Control Policy, Grants & Programs, https:/
/www.whitehouse.gov/ondcp/grants-programs/ (last visited Apr. 3, 2018).
\45\Id.
---------------------------------------------------------------------------
Congress has repeatedly expressed its intent for the Office
to retain responsibility for administering the DFC and HIDTA
programs. The Committee reaffirms this longstanding position by
reauthorizing the programs with only minor--primarily
technical--changes to previously enacted authorizing law. Each
program is authorized to receive appropriated funding to carry
out those programs at funding levels established in the FY 2018
Consolidated Appropriations Act.\46\ The Office's role as a
grant administrator is further clarified in new section 1002 as
one of the seven principal responsibilities of the Office.
---------------------------------------------------------------------------
\46\Pub. L. No. 115-141 (2018).
---------------------------------------------------------------------------
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the previous section.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to codify provisions relating
to the Office of National Drug Control.
Legislative History
H.R. 5925 is the product of a thorough examination during
the 115th Congress by the Committee on Oversight and Government
Reform, the Subcommittee on Government Operations, and the
Subcommittee on Healthcare, Benefits, and Administrative Rules.
The Committee held a series of hearings to examine
reauthorizing the Office and to explore options for more
effectively combatting the opioid epidemic.
On July 26, 2017, the Committee held a hearing titled,
``Office of National Drug Control Policy: Reauthorization in
the 115th Congress.'' The hearing examined options for
reauthorizing the Office and discussed the Office's effort to
coordinate drug control policy and spending across the federal
government.
On November 28, 2017, the Committee held a field hearing
titled, ``Combating the Opioid Crisis.'' The field hearing was
at Johns Hopkins Hospital in Baltimore and discussed findings
and recommendations from the President's Commission.
On April 11, 2018, the Subcommittee on Healthcare,
Benefits, and Administrative Rules held a hearing titled,
``Local Responses and Resources to Curtail the Opioid
Epidemic.'' The hearing examined how federal grant programs
have assisted state and local communities and explored ways the
federal government can effectively assist states in combating
the opioid epidemic.
On May 9, 2018, the Committee hosted a roundtable
discussion with ONDCP officials to discuss options for
empowering the Office to more effectively direct efforts to end
the opioid crisis.
On May 17, 2018, the Committee held a hearing titled, ``A
Sustainable Solution to the Evolving Opioid Crisis:
Revitalizing the Office of National Drug Control Policy.'' The
hearing examined policy proposals for reauthorizing the Office
and discussed how evidence-based policymaking and information
sharing can be used to identify and respond to emerging drug
trends.
Committee staff also conducted field work to inform H.R.
5925. In March 2018, Committee staff traveled to China to
investigate the trafficking of illicit fentanyl through the
U.S. Postal Service. Staff reviewed the roles of the Department
of Homeland Security, the intelligence community, and the U.S.
Postal Service to identify opportunities for better
coordination and information sharing.
On March 23, 2018, Committee staff conducted a site visit
to a newly designated High Intensity Drug Trafficking Area
initiative in Greenville, South Carolina within the Atlanta-
Carolinas HIDTA region and held a roundtable discussion. Staff
met with federal and state law enforcement officials who
highlighted the collaborative nature of the HIDTA program and
discussed recent accomplishments in disrupting local drug
trafficking organizations. For example, during one operation
last year, HIDTA participants arrested 40 individuals, seized
more than $1 million, and confiscated 44 kilograms of crystal
methamphetamine, 2.6 kilograms of cocaine, and 370 grams of
heroin.
On May 23, 2018, Chairman Trey Gowdy (R-SC) introduced H.R.
5925, the Coordinated Response through Interagency Strategy and
Information Sharing (CRISIS) Act, with Ranking Member Elijah
Cummings (D-MD), Subcommittee on Government Operations Chairman
Mark Meadows (R-NC), and Subcommittee on Government Operations
Ranking Member Gerald Connolly (D-VA). H.R. 5925 was referred
to the Committee on Oversight and Government Reform, with
additional referrals to the Committees on Energy and Commerce,
Foreign Affairs, the Judiciary, Intelligence (Permanent
Select), and Appropriations.
Committee Consideration
On May 23, 2018, the Committee met in open session and,
with a quorum being present, ordered the bill favorably
reported, as amended, by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
Committee consideration of H.R. 5925.
Explanation of Amendments
During Committee consideration of the bill, Representative
Elijah Cummings (D-MD), the Ranking Member of the Committee,
offered an amendment to add the director of the fusion center
to the membership of the emerging threats task force, clarify
the emerging threats plan and information sharing requirements
to include substance use disorder treatment, and clarify the
treatment coordinator section of the bill. The amendment also
introduces a new requirement to convene an advisory committee
to promulgate standards for substance abuse disorder treatment
and recovery facilities. The Cummings amendment was adopted by
voice vote.
Representative Stephen Lynch (D-MA) offered an amendment to
require the President to notify Congress if the President has
not issued the National Drug Control Strategy by the due date.
The amendment also requires the President or a designee to
appear before the Committee on Oversight and Government Reform
of the House of Representatives and the Committee on the
Judiciary of the Senate at a hearing not later than the first
Monday in March following the failure of the President to
submit the Strategy. Representative Gary Palmer (R-AL) offered
an amendment to the amendment offered by Representative Lynch
to strike the requirement for the President or a designee to
appear at a hearing before the first Monday in March following
the failure of the President to submit a Strategy, as this
requirement is not necessary in order for either Committee to
hold such a hearing. The Palmer amendment to the Lynch
amendment was adopted by voice vote. The Lynch amendment, as
amended, was adopted by voice vote.
Representative Mark DeSaulnier (D-CA) offered an amendment
to require the Government Accountability Office to conduct
periodic audits on the Office's programs and operations. The
DeSaulnier amendment was adopted by voice vote.
Representative Paul Mitchell (R-MI) offered an amendment
with the support of Representative Jamie Raskin (D-MD) to
require the Director to establish a system to track federally
funded initiatives and grant programs, establish performance
metrics and goals for grant programs, develop a common
application form for drug control related grant programs, and
maintain a comprehensive list of all drug control program grant
award opportunities. The amendment was adopted by voice vote.
Pursuant to the unanimous consent agreement during the
business meeting, a correction was made to the authorization of
appropriations for the Office of National Drug Control's
administration of the Drug Free Communities program in the
reported text of section 1038 of Title 31, United States Code.
The adopted version of the amendment in the nature of a
substitute authorized ``$99,000,000 for fiscal year [sic] 2019
through 2023.'' The corrected version in reported text
authorizes that amount ``for each of fiscal years 2019 through
2023.''
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill codifies provisions relating to the Office of
National Drug Control, and for other purposes. As such, this
bill does not relate to employment or access to public services
and accommodations.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII, H.R. 5925
would reauthorize a program the Government Accountability
Office (GAO) previously identified as having potential
duplication in 2013. Both areas of potential duplication GAO
subsequently reported as having been addressed. Specifically,
GAO identified ``overlap and potential duplication across the
fragmented 76 federal drug abuse prevention and treatment
programs,'' recommending increased coordination.\47\ GAO
reported this was fully addressed as of November 19, 2014.\48\
In addition, GAO identified potential inefficiencies from
overlap in analytical and investigative support activities.\49\
GAO reported this was fully addressed as of March 21, 2018.\50\
---------------------------------------------------------------------------
\47\Gov't Accountability Office, GAO-13-279SP, Actions Needed to
Reduce Fragmentation, Overlap, and Duplication and Achieve Other
Financial Benefit (2013).
\48\Gov't Accountability Office, Duplication & Cost Savings GAO
Action Tracker, Social Services: Drug Abuse Prevention and Treatment
Programs, https://www.gao.gov/duplication/action_tracker/
Drug_Abuse_Prevention_and_Treatment_Programs/ (last updated Nov. 19,
2014).
\49\Gov't Accountability Office, supra note 47.
\50\Gov't Accountability Office, Duplication & Cost Savings GAO
Action Tracker, Homeland Security/Law Enforcement: Field-Based
Information Sharing, https://www.gao.gov/duplication/action_tracker/
Field-Based_Information_Sharing/ (last updated Mar. 21, 2018).
---------------------------------------------------------------------------
Disclosure of Directed Rule Makings
This bill directs the completion of specific rule makings
within the meaning of section 551 of title 5, United States
Code. Section 1021 of title 31, as added in section 2 of H.R.
5925, codifies section 707 of the Office of National Drug
Control Policy Reauthorization Act of 1998 as amended by the
Office of National Drug Control Policy Reauthorization Act of
2006, which requires the Director to establish and maintain
regulations about the process to petition to be designated as a
HIDTA. Section 4(b)(2)(B)(iii) requires the Director to issue
guidance to agencies on appropriate revisions of regulations
pertaining to prescribing guidelines and continuing education
requirements.
Federal Advisory Committee Act
H.R. 5925 establishes an advisory committee within the
definition of Section 5(b) of the appendix to title 5, United
States Code. Section 4(b)(2)(K) requires the Director of the
Office to establish an advisory committee on substance use
disorder treatment standards. There is not currently an
existing advisory committee charged with developing evidence-
based standards for substance abuse disorder treatment and
recovery facilities. The advisory committee must comply with
the requirements in the Federal Advisory Committee Act (5
U.S.C. App).
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act (Pub. L. 113-67) the Committee has
included a letter received from the Congressional Budget Office
below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 8, 2018.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5925, the CRISIS
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 5925--CRISIS Act
Summary: H.R. 5925 would authorize appropriations for the
operations of the Office of National Drug Control Policy
(ONDCP) and change the office's name to the Office of National
Drug Control (ONDC). The bill would authorize appropriations
for programs administered by that office and for other federal
anti-drug programs through 2023. Major programs administered by
the office include the High-Intensity Drug Trafficking Areas
program, the Drug-Free Communities program, and the Emerging
Threats and Media Campaign.
Assuming appropriation of the specified amounts, CBO
estimates that implementing H.R. 5925 would cost about $1.5
billion over the 2019-2023 period. Of that total, $1.1 billion
would result from amounts specifically authorized for the High-
Intensity Drug Trafficking Areas program.
Enacting the bill would affect direct spending because it
would allow ONDC to accept and spend monetary gifts; therefore,
pay-as-you-go procedures apply. However, CBO estimates that the
net effect on direct spending would be negligible. Enacting
H.R. 5925 would not affect revenues.
CBO estimates that enacting H.R. 5925 would not
significantly increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2029.
H.R. 5925 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 5925 is shown in the following table.
The costs of the legislation fall within budget functions 750
(administration of justice) and 800 (general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
High-Intensity Drug Trafficking Area:
Authorization Level....................... 280 280 280 280 280 1,400
Estimated Outlays......................... 70 238 266 280 280 1,134
Emerging Threats and Media Campaign:
Authorization Level....................... 25 25 25 25 25 125
Estimated Outlays......................... 23 25 25 25 25 123
Drug-Free Communities:
Estimated Authorization Level............. 20 20 20 20 20 99
Estimated Outlays......................... 18 20 20 20 20 98
Office of National Drug Control:
Authorization Level....................... 18 18 18 18 18 92
Estimated Outlays......................... 15 17 18 18 18 86
Other Provisions:
Authorization Level....................... 3 3 3 3 3 16
Estimated Outlays......................... 3 3 3 3 3 16
Total Spending:
Authorization Level a ............ 346 346 346 346 346 1,732
Estimated Outlays................. 129 303 332 346 346 1,457
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of 2018, that the authorized
amounts will be provided each year, and that spending will
follow historical patterns for ONDCP and its programs.
The bill would reauthorize all the programs of ONDC through
2023. Although the current authorization for ONDCP expired at
the end of fiscal year 2011, the office and related programs
received funding through 2018, including about $415 million in
fiscal year 2018. The legislation would authorize the
appropriation of specific amounts over the next five years for
the following programs:
High-Intensity Drug Trafficking Areas--$280
million each year for coordinating drug-control efforts
among local, state, and federal law enforcement
agencies, CBO estimates that implementing this
provision would cost $1.1 billion over the 2019-2023
period and about $0.3 billion after 2023;
Emerging Threats and Media Campaign--$25
million each year for a media campaign about the
emerging threats and other anti-drug messages. CBO
estimates that implementing this provision would cost
$123 million over the 2019-2023 period;
Drug-Free Communities--$99 million over the
2019-2023 period for the Drug Free Communities program,
which would make grants to community coalitions aimed
at reducing substance abuse by young people. Assuming
the $99 million is appropriated equally over the five
years, CBO estimates implementing this provision would
cost $98 million over the 2019-2023 period;
Office of National Drug Control--$18.4
million each year for operation of the ONDC. CBO
estimates providing that appropriation would cost $86
million over the 2019-2023 period; and
Other Provisions--$3.25 million each year
for the Model Act Program and the Drug Court Training
and Technical Assistance Program. CBO estimates
implementing those provisions would cost $16 million
over the 2019-2023 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. H.R. 5925 would allow ONDC to accept and retain
gifts; therefore, pay-as-you-go procedures apply. CBO
estimates, however, that any net changes in direct spending
would be negligible. Enacting the bill would not affect
revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 5925 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 5925 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Matthew Pickford;
Mandates: Andrew Laughlin.
Estimate reviewed by: Kim P. Cawley, Chief, Natural
Resources Cost Estimate Unit; H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title of the bill, the
``Coordinated Response through Interagency Strategy and
Information Sharing Act'' or the ``CRISIS Act.''
Section 2. Office of National Drug Control
This section renames the Office of National Drug Control
Policy the Office of National Drug Control and creates a new
chapter 10 in Title 31, United States Code, as follows:
SUBCHAPTER I--OFFICE
Section 1001. Definitions
Section 1001 defines the terms used in chapter 10
previously defined in the Office of National Drug Control
Policy Reauthorization Act of 1998, as amended (Public Law 105-
277; 21 U.S.C. 1701 et seq.) (``prior law''), including
amendments to the terms ``illicit drug use,'' ``illegal drug
use,'' ``demand reduction,'' ``supply reduction,'' ``emerging
threat,'' and ``substance use disorder treatment.''
Section 1002. Office of National Drug Control
Section 1002 codifies 21 U.S.C. 1702(a), which established
the Office, and expands the Office's responsibilities to
include identifying and responding to illicit drug use emerging
threats, administering and evaluating grant programs, and
facilitating information sharing and data standardization among
federal, state, and local entities.
This section also codifies 21 U.S.C. 1702(b), 1703(a),
(b)(1), and (b)(5) with changes to the structure of the office.
Those changes include requiring the appointment of a director
and deputy director, requiring the director to establish
policies and objectives for the National Drug Control Program,
and requiring the director to consult with state, local, and
Tribal governments, and other relevant entities.
Section 1003. Administration of the office
Section 1003 codifies prior law related to the
administration of the office--21 U.S.C. 1702(c), 1703(a)(4)-
(5), (d)(1), (3)-(4), (6), (e)(1)-(2), and 1704(c)--and
prohibits the use of funds authorized under the chapter for
campaigns or ballot initiatives.
Section 1004. National Drug Control Program budget
Section 1004 codifies prior law establishing the National
Drug Control Program budget process--21 U.S.C. 1703(b)(8) and
(c). In addition, Section 1004 requires a certification or
decertification for each National Drug Control Program Agency
budget request to Congress with a written justification and
suggestion for alternative funding levels that may improve
progress on achieving the Strategy for any budget request that
does not fully fund the National Drug Control Programs of the
agency. It requires the Office concurrently submit budget
requests to the appropriate congressional committees when
requests are submitted to the Office of Management and Budget
or the President.
Section 1005. National Drug Control Strategy
Section 1005 codifies prior law requiring the Director to
promulgate a National Drug Control Strategy--21 U.S.C. 1705(a)-
(b). The section reduces the frequency from an annual
requirement to a quadrennial requirement, and requires the
release of a statement of drug priority policies in the first
calendar year of a new administration and the release of annual
performance plan supplement. A new provision requires the
Strategy to be based on the best available evidence and to
include a description of the current prevalence of illicit drug
use and additional details for each Strategy goal. Additional
details for each strategy goal must specify how each goal will
be achieved, anticipated challenges, and the data necessary to
evaluate performance.
This section incorporates into the National Drug Control
Strategy the Southwest Border Strategy (Office of National Drug
Control Policy Reauthorization Act of 2006, Pub. L. No. 109-
469) and the Northern Border Strategy (Northern Border
Counternarcotics Strategy Act of 2010, Pub. L. No. 111-356).
This section also requires the President to notify the
appropriate congressional committees if the President fails to
submit a Strategy pursuant to the requirements of this section.
Section 1006. Development of an Annual National Drug Control Assessment
Section 1006 codifies prior law requiring an annual
assessment of National Drug Control Program Agencies (21 U.S.C.
1703(b)(13)-(14)), with amendments to expand the contents of
the assessment to include an accounting of funds distributed,
an evaluation of the effectiveness of grant programs, an
evaluation of emerging threat plans, and an accounting of funds
obligated for the media campaign. This section codifies prior
law by requiring a report on consultation (21 U.S.C.
1703(b)(19)) and a performance measurement system (21 U.S.C.
1705(c)-(d)), which are added as requirements for inclusion in
the assessment.
This section also requires the Director to designate or
appoint a performance-budget coordinator to ensure the Director
has sufficient information on each NDCP agency's performance,
funding, and contributions to the achievement of the goals of
the Strategy. The performance-budget coordinator is also
required to advise the Director on agency budget and
performance measures and to carry out other duties needed to
assess agencies' budgets and performance.
Section 1007. Monitoring and evaluation of National Drug Control
Program
Section 1007 codifies requirements for the Director to
monitor the activities and funds expended by National Drug
Control Program Agencies to ensure implementation of the
Strategy--21 U.S.C. 1703(b)(4), (7), (d)(7), and 1704(d).
This section also requires the Director to establish a
coordinated tracking system of federally-funded initiatives and
grant programs, to develop a plan to standardize the grant
application process, to maintain a list of drug control grant
award opportunities on the Office's website, and to report on
progress under this section and the feasibility of block grants
to states.
Section 1008. Coordination and oversight of the National Drug Control
Program
Section 1008 codifies prior law requiring the Director to
coordinate and oversee implementation by National Drug Control
Program Agencies of the Strategy (21 U.S.C. 1703(b)(3)),
requiring National Drug Control Program Agencies to notify the
Director regarding any proposed policy changes related to a
drug control program (21 U.S.C. 1703(d)(9) and (f)), requiring
the Director to work in conjunction with the Assistant to the
President for National Security Affairs (21 U.S.C. 1704(b)),
and authorizing the Director to temporarily detail employees to
other agencies (21 U.S.C. 1703(e)), to transfer funds between
agencies (21 U.S.C. 1703(d)(8)), and to issue fund control
notices to National Drug Control Program Agencies.
This section also expands the authority of the Director to
transfer funds for the purpose of implementing an emerging
threats plan under section 1009 and specifies the purposes for
which transferred funds may be used.
Section 1009. Emerging threats taskforce, plan, media campaign
This section requires the Director to appoint an emerging
and continuing threats coordinator (the Coordinator) to monitor
emerging drug threats in the United States by convening a
quarterly taskforce with relevant National Drug Control Program
Agencies and state, local, and tribal governments to establish
evidence-based criteria to identify emerging threats. This
section also allows the Director to designate an emerging drug
threat and requires a public written statement of any
designation or termination of a designation of an emerging
threat.
This section requires the Director to publish an Emerging
Threat Response Plan within 60 days of the designation of an
emerging threat and to update the plan every 90 days until the
plan's goals have been achieved. The plan is required to
include a comprehensive assessment of the drug threat
(including the need for and the availability of evidence-based
substance use disorder treatment), goals to address the threat,
and performance measures pertaining to the plan's goals. The
Director is required to issue implementation guidance within 90
days of the designation of an emerging threat. This section
also allows the Director to award contracts or enter into
interagency agreements in support of the identification of
emerging threats in the plan.
This section also requires the Coordinator to facilitate
information sharing and coordination with relevant agencies and
entities regarding the identification or status of emerging
threats, monitor implementation of emerging threat response
plans, and develop reporting systems to support adherence to
performance measures. Agencies identified in an emerging threat
response plan are required to submit a report to the
Coordinator on implementation of the plan within 180 days of
designation.
This section revamps prior law (21 U.S.C. 1708)--which
required a national youth anti-drug media campaign--by limiting
the campaign to emerging drug threats, expanding the focus to
education and public awareness, and requiring the campaign be
developed in accordance with evidence of effective practices.
The Director is required to establish and implement a national
education and public awareness campaign to raise awareness of
illicit drugs designated as emerging threats and to consult
with appropriate National Drug Control Program Agencies,
experts, state, local, and tribal governments, Congress, and
the public to ensure evidence-based implementation of the
campaign. The Director is authorized to accept gifts and
donations to support the campaign and must issue an annual
report to the appropriate congressional committees to identify
the source(s) of any accepted gift or donation. Additionally,
the Director is required to establish ethics guidelines to
determine whether gifts or donations should be declined.
This section also requires the Director to ensure the media
campaign is evidence-based and accurate, meets accepted
standards for public awareness campaigns, and utilizes
effective strategies. The Director is required to use
competitive procedures in selecting entities for the production
and design of a campaign.
This section codifies prior law requiring the Director to
evaluate the performance of the campaign (21 U.S.C. 1708(h))
but clarifies reporting requirements and aligns the timing with
the annual assessment under section 1006. The section also
codifies prior law (21 U.S.C. 1708(b)(2)(C)), with the addition
of a biennial evaluation of the campaign's effectiveness by an
independent entity.
This section codifies prior law establishing prohibitions
on the use of funds authorized under this section (21 U.S.C.
1708(e)).
This section also reauthorizes funding for the campaign
(Pub. L. No. 109-469) and related emerging threat activities.
The section authorizes $25,000,000 for each fiscal year through
2023, a reduction below the prior authorization of $195,000,000
for fiscal years 2007 and 2008 and $210,000,000 for fiscal
years 2009 through 2011.
Section 1010. National and international coordination
This section requires the Director to ensure National Drug
Control Program Agencies disseminate drug control research and
information to state and local governments and other entities
involved in demand reduction (21 U.S.C. 1703(b)(15)) and to
coordinate with the private sector to promote research and
development to treat addiction (21 U.S.C. 1703(b)(16)).
This section also requires the Director to coordinate the
development of evidence-based state standards by National Drug
Control Program Agencies and other relevant entities for drug
control policies, practices, and procedures. The Director is
also required to encourage the adoption of state standards by
facilitating the dissemination of standards through
publications, training seminars, and other means to state and
local governments.
This section codifies section 1105 of the Office of
National Drug Control Policy Reauthorization Act of 2006, which
requires the Director to enter into an agreement with a
nonprofit to advise states on establishing laws and policies to
address illicit drug use issues. The section authorizes
$1,250,000 for such agreement for each fiscal year through
2023.
This section authorizes, in accordance with Pub. L. No.
115-141, the Director to make a grant to a nonprofit
organization to provide training and technical assistance to
drug courts and authorizes $2,000,000 for such grant for each
fiscal year through 2023.
This section requires the Director to appoint a state,
local, and tribal affairs coordinator to coordinate drug
control efforts between federal agencies and state, local, and
tribal governments and perform other duties relevant to this
section and section 1005.
Section 1011. Interdiction
Section 1011 codifies prior law requiring the designation
of an interdiction coordinator, establishment of an
Interdiction Committee, and issuance of a Command and Control
Plan (21 U.S.C. 1710).
Section 1012. Treatment coordinator
Section 1012 requires the Director to designate or appoint
a treatment coordinator to coordinate activities of the
National Drug Control Program Agencies to expand the
availability of evidence-based substance use disorder
treatment, develop and issue a National Treatment Plan, assess
the sufficiency of resources available for substance use
disorder treatment, and encourage the adoption of treatment
standards. The Treatment Coordinator is required to develop and
issue an annual National Treatment Plan to identify the unmet
need for treatment and the resources required to eliminate the
unmet need for treatment.
This section establishes a Treatment Committee to review
the adequacy of evidence-based substance use disorder
treatment, discuss the status of the National Treatment Plan,
advise the Director concerning treatment initiatives, and
submit an annual report to Congress on the results of the
Committee's meetings and any significant findings.
Section 1013. Critical information coordination
Section 1013 requires the Director to designate an agency
to establish a National Drug Control Fusion Center as a
statistical agency to work with National Drug Control Program
Agencies to collect, compile, analyze, and facilitate the
sharing of information on the use of illicit drugs, treatment
for substance use disorders, and interdiction of illicit drugs.
The Fusion Center Director is authorized to establish a
toxicology screening program to conduct secondary analysis of
urine samples that otherwise would be discarded at hospitals,
correctional facilities, and similar institutions and to
establish a program allowing state and local jurisdictions to
submit up to 20 samples annually to analyze substances found in
fatal overdose cases. This section prohibits the use of samples
as evidence in any proceeding and requires the Fusion Center
comply with the provisions of the Confidential Information
Protection and Statistical Efficiency Act of 2002.
This section also requires the Director to submit to
Congress an annual plan, which must cover a four-year period
and be updated annually, for increasing data collection to
enable real-time surveillance of drug control threats,
developing analysis and monitoring capabilities, and
identifying and addressing relevant policy questions.
This section codifies prior law, with amendments,
prohibiting the use of federal funds by the Office on any study
pertaining to legalization of schedule I substances (21 U.S.C.
1703(b)(12)) and requiring any harm reduction program policies,
including syringe exchange programs, to be evidence-based and
developed in consultation with the National Institutes of
Health and the National Academy of Sciences (21 U.S.C. 1702
paragraph after subsection (a)).
This section also requires the Director to establish and
update at least quarterly a dashboard on the Office's website
to show data visualizations of key data on illicit drug flows
and seizures, fatal and non-fatal overdoses, and availability
of substance use disorder treatment.
This section codifies prior law requiring National Drug
Control Program Agencies to provide the Director with data and
information pertaining to drug control and funding for drug
control policy (21 U.S.C. 1704(a)).
This section requires the Director to establish a working
group of federal agencies, state, local, and tribal government
health and law enforcement agencies, and data governance
experts to develop interoperable data exchange standards to
improve information sharing among states, federal agencies, and
other relevant drug control data centers. The section
authorizes the Director, in consultation with the working
group, relevant agencies, and state, local, and tribal
governments, to designate data exchange standards for federal
reporting and data exchange requirements for National Drug
Control Programs.
This section also codifies prior law requiring the
reporting of specific data related to the status of drug
control efforts (21 U.S.C. 1705(a)(2)).
Section 1014. Annual audit and investigation requirements
Section 1014 codifies section 203(b) of the Office of
National Drug Control Reauthorization of 2006 (Pub. L. No. 109-
469), requiring the Government Accountability Office to conduct
an annual audit and investigation related to the Office.
Section 1015. Authorization of appropriations
This section authorizes $18,400,000--the amount
appropriated for fiscal year 2018 (Pub. L. No. 115-141)--for
the Office for each fiscal year through 2023.
SUBCHAPTER II--HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
Section 1021. High Intensity Drug Trafficking Areas Program
Section 1021 codifies prior law establishing the High
Intensity Drug Trafficking Areas (HIDTA) Program (21 U.S.C.
1706). The Section amends prior law to grant discretion to
HIDTA Directors to use up to 5 percent of program funding for
drug treatment programs, in addition to existing discretionary
authority to use up to 5 percent of program funding for drug
prevention programs. The Section also consolidates reporting
requirements and clarifies at least 2.5 percent of program
funding is used in areas with severe neighborhood safety and
illegal drug distribution problems for safety and protection
programs, including programs to prevent intimidation of
potential witnesses. This section also authorizes
$280,000,000--the amount appropriated for fiscal year 2018
(Pub. L. No. 115-141)--for the Office to administer this
subchapter for each fiscal year through 2023.
SUBCHAPTER III--DRUG-FREE COMMUNITIES SUPPORT PROGRAM
This subchapter codifies the Drug-Free Communities Act of
1997, as amended, (Pub. L. No. 105-20, 21 U.S.C. 1531 seq.),
updating the text and clarifying the Office's authority to use
up to 8 percent of appropriated funds for administration of the
program. This subchapter also authorizes $99,000,000--the
amount appropriated for fiscal year 2018 (Pub. L. No. 115-
141)--for the Office to administer this subchapter for each
fiscal year through 2023.
Section 3. Repeals
Section 3 repeals prior laws--the contents of which are now
incorporated into chapter 10 of title 31, as added by section
2. This includes a repeal of the Office of National Drug
Control Policy Reauthorization Act of 1998 (Public Law 105-277;
21 U.S.C. 1701 et seq.) and chapter 2 of the National Narcotics
Leadership Act of 1988 (Public Law 100-690; 21 U.S.C. 1501 et
seq.). These repeals are included in H.R. 5925, notwithstanding
prior repeals of both laws, to dispel any confusion and to
ensure non-positive law titles of U.S. Code are updated by the
Office of Law Revision Counsel to reflect the repeal of those
statutes and accurately reflect current law.
Section 4. Opioid crisis response
This section requires the Director to designate opioids and
opioid analogues as an emerging threat in accordance with
Emerging Threat provisions under section 1009 and to issue a
``National Opioid Response Plan,'' which must include the
following:
1. Initiatives to increase the screening of mail to
prevent illicit drugs from entering the country and
designation of the United States Postal Service as a
National Drug Control Program Agency;
2. Support for adoption of evidence-based prescribing
guidelines, including the establishment of a task force
to supplement existing prescribing guidelines, guidance
for federal continuing education requirements, and
dissemination of best practices;
3. A program to monitor changes in prescription and
illicit drug markets;
4. Studies to evaluate benefits of drug courts;
5. Programs to coordinate with the private sector to
promote research and development of treatment and
deterrent products and expansion of disposal programs;
6. Initiatives to encourage National Drug Control
Program Agencies and the Model Acts program to develop
sentencing standards or model codes for trafficking
opioids and opioid analogues and to advise states on
establishing policies based on the President's Opioid
Commission;
7. Establishment of working groups to develop data
collection standards for medical examiner reports on
overdose data and first responder opioid intoxication
incidents;
8. A program to identify successful college recovery
programs and to disseminate best practices;
9. Working groups to support prescription drug
monitoring programs and other data collection programs;
10. Initiation of research on Medication Assisted
Treatment and data collection to confirm opioid use by
individuals arrested or hospitalized; and
11. Establishment of an Advisory Committee on
Substance Use Disorder Treatment Standards, no later
than 120 days after issuance of the plan, which will
promulgate evidence-based standards for substance abuse
disorder no later than 2 years after the issuance of
the plan.
This section also requires the Director to submit a report
to Congress on the findings and initiatives on Medication
Assisted Treatment research.
Section 5. Exceptions and rules of construction
This section codifies prior law relating to national
intelligence (21 U.S.C. 1703(g)-(h)).
Section 6. GAO study and reports
This section requires the Comptroller General to provide an
initial report to Congress within three years of the date of
enactment and a final report within six years on implementation
of the Education and Public Awareness Campaign for Emerging
Threat, the Strategy, and the annual assessment.
Section 7. Definitions
This section defines terms for the Act as set forth in
section 1001 of title 31, United States Code, as amended by
section 2 of this bill.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 31, UNITED STATES CODE
* * * * * * *
SUBTITLE I--GENERAL
Chap. Sec.
Definitions....................................................101
* * * * * * *
1001Office of National Drug Control...................................
* * * * * * *
CHAPTER 10--OFFICE OF NATIONAL DRUG CONTROL
Subchapter I--Office
Sec.
1001. Definitions.
1002. Office of National Drug Control.
1003. Administration of the office.
1004. National drug control program budget.
1005. National drug control strategy.
1006. Development of an annual national drug control assessment.
1007. Monitoring and evaluation of national drug control program.
1008. Coordination and oversight of the national drug control program.
1009. Emerging threats taskforce, plan, media campaign.
1010. National and international coordination.
1011. Interdiction.
1012. Treatment coordinator.
1013. Critical information coordination.
1014. Annual audit and investigation requirements.
1015. Authorization of appropriations.
Subchapter II--High Intensity Drug Trafficking Areas Program
1021. High intensity drug trafficking areas program.
Subchapter III--Drug-Free Communities Support Program
1031. Establishment of drug-free communities support program.
1032. Program authorization.
1033. Information collection and dissemination with respect to grant
recipients.
1034. Technical assistance and training.
1035. Supplemental grants for coalition mentoring activities.
1036. Authorization for National Community Antidrug Coalition Institute.
1037. Definitions.
1038. Drug-free communities reauthorization.
SUBCHAPTER I--OFFICE
Sec. 1001. Definitions
In this chapter:
(1) Agency.--The term ``agency'' has the meaning
given the term ``executive agency'' in section 102.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on the Judiciary, the
Committee on Appropriations, and the Caucus on
International Narcotics Control of the Senate;
and
(B) the Committee on Oversight and Government
Reform, the Committee on the Judiciary, and the
Committee on Appropriations of the House of
Representatives.
(3) Demand reduction.--The term ``demand reduction''
means any activity conducted by a National Drug Control
Program Agency, other than an enforcement activity,
that is intended to reduce or prevent the use of drugs
or support or provide treatment and recovery efforts,
including--
(A) education about the dangers of illicit
drug use;
(B) services, programs, or strategies to
prevent substance use disorder, including
evidence-based education campaigns, community-
based prevention programs, opioid diversion,
collection and disposal of unused prescription
drugs, and services to at-risk populations to
prevent or delay initial use of an illicit
substance;
(C) substance use disorder treatment;
(D) illicit drug use research;
(E) drug-free workplace programs;
(F) drug testing, including the testing of
employees;
(G) interventions for illicit drug use and
dependence;
(H) expanding availability of access to
health care services for the treatment of
substance use disorders;
(I) international drug control coordination
and cooperation with respect to activities
described in this paragraph;
(J) pre- and post-arrest criminal justice
interventions such as diversion programs, drug
courts, and the provision of evidence-based
treatment to individuals with substance use
disorders who are arrested or under some form
of criminal justice supervision, including
medication assisted treatment;
(K) other coordinated and joint initiatives
among Federal, State, local, and Tribal
agencies to promote comprehensive drug control
strategies designed to reduce the demand for,
and the availability of, illegal drugs;
(L) international illicit drug use education,
prevention, treatment, recovery, research,
rehabilitation activities, and interventions
for illicit drug use and dependence; and
(M) research related to any of the activities
described in this paragraph.
(4) Director.--The term ``Director'' means the
Director of the Office of National Drug Control.
(5) Drug.--The term ``drug'' has the meaning given
the term ``controlled substance'' in section 102(6) of
the Controlled Substances Act (21 U.S.C. 802(6)).
(6) Drug control.--The term ``drug control'' means
any activity conducted by a National Drug Control
Program Agency involving supply reduction or demand
reduction.
(7) Emerging threat.--The term ``emerging threat''
means the occurrence of a new and growing trend in the
use of an illicit drug or class of drugs, including
rapid expansion in the supply of or demand for such
drug.
(8) Illicit drug use; illicit drugs; illegal drugs.--
The terms ``illicit drug use'', ``illicit drugs'', and
``illegal drugs'' include the illegal or illicit use of
prescription drugs.
(9) Law enforcement.--The term ``law enforcement'' or
``drug law enforcement'' means all efforts by a
Federal, State, local, or Tribal government agency to
enforce the drug laws of the United States or any
State, including investigation, arrest, prosecution,
and incarceration or other punishments or penalties.
(10) National drug control program.--The term
``National Drug Control Program'' means programs,
policies, and activities undertaken by National Drug
Control Program Agencies pursuant to the
responsibilities of such agencies under the National
Drug Control Strategy, including any activities
involving supply reduction, demand reduction, or State,
local, and Tribal affairs.
(11) National drug control program agency.--The term
``National Drug Control Program Agency'' means any
agency (or bureau, office, independent agency, board,
division, commission, subdivision, unit, or other
component thereof) that is responsible for implementing
any aspect of the National Drug Control Strategy,
including any agency that receives Federal funds to
implement any aspect of the National Drug Control
Strategy, but does not include any agency that receives
funds for drug control activity solely under the
National Intelligence Program or the Military
Intelligence Program.
(12) National drug control strategy; strategy.--The
term ``National Drug Control Strategy'' or ``Strategy''
means the strategy developed and submitted to Congress
under section 1005.
(13) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described
in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code.
(14) Office.--The term ``Office'' means the Office of
National Drug Control.
(15) State, local, and tribal affairs.--The term
``State, local, and Tribal affairs'' means domestic
activities conducted by a National Drug Control Program
Agency that are intended to reduce the availability and
use of illegal drugs, including--
(A) coordination and enhancement of Federal,
State, local, and Tribal law enforcement drug
control efforts;
(B) coordination and enhancement of efforts
among National Drug Control Program Agencies
and State, local, and Tribal demand reduction
and supply reduction agencies;
(C) coordination and enhancement of Federal,
State, local, and Tribal law enforcement
initiatives to gather, analyze, and disseminate
information and law enforcement intelligence
relating to drug control among domestic law
enforcement agencies; and
(D) other coordinated and joint initiatives
among Federal, State, local, and Tribal
agencies to promote comprehensive drug control
strategies designed to reduce the demand for,
and the availability of, illegal drugs.
(16) Substance use disorder treatment.--The term
``substance use disorder treatment'' means an evidence-
based, professionally directed, deliberate, and planned
regimen including evaluation, observation, medical
monitoring, and rehabilitative services and
interventions such as pharmacotherapy, behavioral
therapy, and individual and group counseling, on an
inpatient or outpatient basis, to help patients with
substance use disorder reach recovery.
(17) Supply reduction.--The term ``supply reduction''
means any activity or program conducted by a National
Drug Control Program Agency that is intended to reduce
the availability or use of illegal drugs in the United
States or abroad, including--
(A) law enforcement outside the United
States;
(B) domestic law enforcement;
(C) source country programs, including
economic development programs primarily
intended to reduce the production or
trafficking of illicit drugs;
(D) activities to control international
trafficking in, and availability of, illegal
drugs, including--
(i) accurate assessment and
monitoring of international drug
production and interdiction programs
and policies; and
(ii) coordination and promotion of
compliance with international treaties
relating to the production,
transportation, or interdiction of
illegal drugs;
(E) activities to conduct and promote
international law enforcement programs and
policies to reduce the supply of drugs;
(F) activities to facilitate and enhance the
sharing of domestic and foreign intelligence
information among National Drug Control Program
Agencies, relating to the production and
trafficking of drugs in the United States and
in foreign countries;
(G) activities to prevent the diversion of
drugs for their illicit use; and
(H) research related to any of the activities
described in this paragraph.
Sec. 1002. Office of National Drug Control
(a) Establishment of Office.--There is established in the
Executive Office of the President an Office of National Drug
Control, which shall--
(1) lead national drug control efforts, including
developing and assessing implementation of evidence-
based drug control policy;
(2) coordinate and oversee the implementation of the
national drug control policy, including the National
Drug Control Strategy;
(3) assess and certify the adequacy of National Drug
Control Programs and the budget for those programs;
(4) monitor and evaluate the effectiveness of
national drug control policy efforts, including the
National Drug Control Program Agencies' programs, by
developing and applying specific goals and performance
measurements and tracking program-level spending;
(5) identify and respond to emerging threats related
to illicit drug use;
(6) administer and evaluate grant programs in
furtherance of the National Drug Control Strategy; and
(7) facilitate broad-scale information sharing and
data standardization among Federal, State, and local
entities to support the national drug control efforts.
(b) Director of National Drug Control and Deputy Directors.--
(1) Director.--
(A) In general.--There shall be at the head
of the Office a Director who shall hold the
same rank and status as the head of an
executive department listed in section 101 of
title 5, United States Code.
(B) Appointment.--The Director shall be
appointed by the President, by and with the
advice and consent of the Senate, and shall
serve at the pleasure of the President.
(2) Deputy director.--
(A) In general.--There shall be a Deputy
Director who shall report directly to the
Director, be appointed by the President, and
serve at the pleasure of the President.
(B) Responsibilities.--The Deputy Director
shall--
(i) carry out the responsibilities
delegated by the Director; and
(ii) be responsible for effectively
coordinating with the Coordinators.
(c) Responsibilities.--
(1) Policies, goals, objectives, and priorities.--The
Director shall assist the President in directing
national drug control efforts, including establishing
policies, goals, objectives, and priorities for the
National Drug Control Program that are based on
evidence-based research.
(2) Consultation.--To formulate the National Drug
Control policies, goals, objectives, and priorities,
the Director--
(A) shall consult with--
(i) State and local governments;
(ii) National Drug Control Program
Agencies;
(iii) each committee, working group,
council, or other entity established
under this chapter, as appropriate;
(iv) the public;
(v) appropriate congressional
committees; and
(vi) any other person in the
discretion of the Director; and
(B) may--
(i) establish advisory councils;
(ii) acquire data from agencies; and
(iii) request data from any other
entity.
Sec. 1003. Administration of the office
(a) Employment.--
(1) Authority of the director.--The Director may
select, appoint, employ, and fix compensation of such
officers and employees of the Office as may be
necessary to carry out the functions of the Office
under this chapter.
(2) Prohibitions.--
(A) Generally.--No person shall serve as
Director or Deputy Director while serving in
any other position in the Federal Government.
(B) Prohibition on political campaigning.--
Any officer or employee of the Office who is
appointed to that position by the President, by
and with the advice and consent of the Senate,
may not participate in Federal election
campaign activities, except that such official
is not prohibited by this paragraph from making
contributions to individual candidates.
(b) Prohibition on the Use of Funds for Political Campaigns
or Ballot Initiatives.--No funds authorized under this chapter
may be obligated for the purpose of influencing any Federal,
State, or local election or ballot initiative.
(c) Personnel Detailed to Office.--
(1) Evaluations.--Notwithstanding any provision of
chapter 43 of title 5, the Director shall perform the
evaluation of the performance of any employee detailed
to the Office for purposes of the applicable
performance appraisal system established under such
chapter for any rating period, or part thereof, that
such employee is detailed to such office.
(2) Compensation.--
(A) Bonus payments.--Subject to the
availability of appropriations, the Director
may provide periodic bonus payments to any
employee detailed to the Office.
(B) Restrictions.--An amount paid under this
paragraph to an employee for any period--
(i) shall not be greater than 20
percent of the basic pay paid or
payable to such employee for such
period; and
(ii) shall be in addition to the
basic pay of such employee.
(C) Aggregate amount.--The aggregate amount
paid during any fiscal year to an employee
detailed to the Office as basic pay, awards,
bonuses, and other compensation shall not
exceed the annual rate payable at the end of
such fiscal year for positions at level III of
the Executive Schedule.
(d) Congressional Access to Information.--The location of the
Office in the Executive Office of the President shall not be
construed as affecting access by Congress, or any committee of
the House of Representatives or the Senate, to any--
(1) information, document, or study in the possession
of, or conducted by or at the direction of the
Director; or
(2) personnel of the Office.
(e) Other Authorities of the Director.--In carrying out this
chapter, the Director may--
(1) use for administrative purposes, on a
reimbursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies;
(2) procure the services of experts and consultants
in accordance with section 3109 of title 5 relating to
appointments in the Federal Service, at rates of
compensation for individuals not to exceed the daily
equivalent of the rate of pay payable under level IV of
the Executive Schedule under section 5311 of such
title; and
(3) use the mails in the same manner as any other
agency.
(f) General Services Administration.--The Administrator of
General Services shall provide to the Director, on a
reimbursable basis, such administrative support services as the
Director may request.
Sec. 1004. National drug control program budget
(a) Budget Recommendations.--Not later than July 1 of each
year, the Director shall provide to the head of each National
Drug Control Program Agency budget recommendations, including
requests for specific initiatives that are consistent with the
priorities of the President under the National Drug Control
Strategy, which shall--
(1) apply to the budget for the next fiscal year
scheduled for formulation under chapter 11, and each of
the 4 subsequent fiscal years; and
(2) address funding priorities developed in the
National Drug Control Strategy.
(b) Responsibilities of National Drug Control Program
Agencies.--
(1) In general.--For each fiscal year, the head of
each National Drug Control Program Agency shall
transmit to the Director a copy of the proposed drug
control budget request of such agency at the same time
as that budget request is submitted to their superiors
(and before submission to the Office of Management and
Budget) in the preparation of the budget of the
President submitted to Congress under section 1105(a).
(2) Submission of drug control budget requests.--The
head of each National Drug Control Program Agency shall
ensure timely development and submission to the
Director of each proposed drug control budget request
transmitted pursuant to this subsection, in such format
as may be designated by the Director with the
concurrence of the Director of the Office of Management
and Budget.
(3) Content of drug control budget requests.--A drug
control budget request submitted by the head of a
National Drug Control Program Agency under this
subsection shall include all requests for funds for any
drug control activity undertaken by such agency,
including demand reduction, supply reduction, and
State, local, and Tribal affairs, including any drug
law enforcement activities. If an activity has both
drug control and nondrug control purposes or
applications, such agency shall estimate by a
documented calculation the total funds requested for
that activity that would be used for drug control, and
shall set forth in its request the basis and method for
making the estimate.
(c) Review and Certification of Budget Requests and Budget
Submissions of National Drug Control Program Agencies.--
(1) In general.--The Director shall review each drug
control budget request submitted to the Director under
subsection (b).
(2) Review of budget requests.--
(A) Inadequate requests.--If the Director
concludes that a budget request submitted under
subsection (b) is inadequate, in whole or in
part, to implement the objectives of the
National Drug Control Strategy with respect to
the agency or program at issue for the year for
which the request is submitted, the Director
shall submit to the head of the applicable
National Drug Control Program Agency a written
description identifying the funding levels and
specific initiatives that would, in the
determination of the Director, make the request
adequate to implement those objectives.
(B) Adequate requests.--If the Director
concludes that a budget request submitted under
subsection (b) is adequate to implement the
objectives of the National Drug Control
Strategy with respect to the agency or program
at issue for the year for which the request is
submitted, the Director shall submit to the
head of the applicable National Drug Control
Program Agency a written statement confirming
the adequacy of the request.
(C) Record.--The Director shall maintain a
record of each description submitted under
subparagraph (A) and each statement submitted
under subparagraph (B).
(3) Specific requests.--The Director shall not
confirm the adequacy of any budget request that
requests a level of funding that will not enable
achievement of the goals of the National Drug Control
Strategy, including--
(A) requests funding for Federal law
enforcement activities that do not adequately
compensate for transfers of drug enforcement
resources and personnel to law enforcement and
investigation activities;
(B) requests funding for law enforcement
activities on the borders of the United States
that do not adequately direct resources to drug
interdiction and enforcement;
(C) requests funding for drug treatment
activities that do not provide adequate results
and accountability measures;
(D) requests funding for drug treatment
activities that do not adequately support and
enhance Federal drug treatment programs and
capacity; and
(E) requests funding for the operations and
management of the Department of Homeland
Security that does not include a specific
request for funds for the Office of
Counternarcotics Enforcement to carry out its
responsibilities under section 878 of the
Homeland Security Act of 2002 (6 U.S.C. 458).
(4) Agency response.--
(A) In general.--The head of a National Drug
Control Program Agency that receives a
description under paragraph (2)(A) shall
include the funding levels and initiatives
described by the Director in the budget
submission for that agency to the Office of
Management and Budget.
(B) Impact statement.--The head of a National
Drug Control Program Agency that has altered
its budget submission under this paragraph
shall include as an appendix to the budget
submission for that agency to the Office of
Management and Budget an impact statement that
summarizes--
(i) the changes made to the budget
under this paragraph; and
(ii) the impact of those changes on
the ability of that agency to perform
its other responsibilities, including
any impact on specific missions or
programs of the agency.
(C) Congressional notification.--The head of
a National Drug Control Program Agency shall
submit a copy of any impact statement under
subparagraph (B) to the Senate, the House of
Representatives, and the appropriate
congressional committees, at the time the
budget for that agency is submitted to Congress
under section 1105(a).
(5) Certification of budget submissions.--
(A) In general.--At the time a National Drug
Control Program Agency submits its budget
request to the Office of Management and Budget,
the head of the National Drug Control Program
Agency shall submit a copy of the budget
request to the Director.
(B) Review and certification of
submissions.--The Director shall review each
budget submission submitted under subparagraph
(A) and submit to the appropriate congressional
committees one of the following:
(i) A written certification of the
budget request for the agency
indicating such request fully funds the
National Drug Control Programs as
necessary to achieve the goals of the
National Drug Control Strategy,
including a written statement
explaining the basis for the
determination that the budget provides
sufficient resources for the agency to
achieve the goals of the Strategy.
(ii) A written certification of the
budget request for the agency
indicating such request partially funds
the National Drug Control Programs as
necessary to achieve the goals of the
Strategy, including a written statement
explaining the basis for the
determination and identifying the level
of funding sufficient to achieve the
goals of the Strategy.
(iii) A written decertification of
the budget request for the agency
indicating the Director is unable to
determine whether such budget request
for the agency fully funds or partially
funds the National Drug Control
Programs as necessary to achieve the
goals of the National Drug Control
Strategy, including a written statement
identifying the additional information
necessary for the Director to make a
determination on such budget and the
level of funding sufficient to achieve
the goals of the Strategy.
(iv) A written decertification of the
budget request for the agency
indicating that such budget is
insufficient to fund the National Drug
Control Programs as necessary to
achieve the goals of the Strategy,
including a written statement
explaining the basis for the
determination that the budget is
insufficient and identifying the level
of funding sufficient to achieve the
goals of the Strategy.
(d) National Drug Control Program Budget Proposal.--For each
fiscal year, following the transmission of proposed drug
control budget requests to the Director under subsection (b),
the Director shall, in consultation with the head of each
National Drug Control Program Agency and the head of each major
national organization that represents law enforcement officers,
agencies, or associations--
(1) develop a consolidated National Drug Control
Program budget proposal designed to implement the
National Drug Control Strategy and to inform Congress
and the public about the total amount proposed to be
spent on all supply reduction, demand reduction, State,
local, and Tribal affairs, including any drug law
enforcement, and other drug control activities by the
Federal Government, which shall conform to the content
requirements set forth in subsection (b)(3) and
include--
(A) for each National Drug Control Program
Agency, a list of whether the funding level is
full, partial, or insufficient to achieve the
goals of the National Drug Control Strategy or
whether the Director is unable to determine
whether the budget request for the agency fully
funds or partially funds the agency's
activities and contributions as necessary to
achieve the goals of National Drug Control
Strategy;
(B) a statement describing the extent to
which any budget of a National Drug Control
Program Agency with less than full funding
hinders progress on achieving the goals of the
National Drug Control Strategy; and
(C) alternative funding structures that could
improve progress on achieving the goals of the
National Drug Control Strategy; and
(2) submit the consolidated budget proposal to the
President and Congress.
(e) Budget Estimate or Request Submission to Congress.--
Whenever the Director submits any budget estimate or request to
the President or the Office of Management and Budget, the
Director shall concurrently transmit copies of that estimate or
request to the appropriate congressional committees.
(f) Reprogramming and Transfer Requests.--
(1) In general.--No National Drug Control Program
Agency shall submit to Congress a reprogramming or
transfer request with respect to any amount of
appropriated funds in an amount exceeding $1,000,000
that is included in the National Drug Control Program
budget unless the request has been approved by the
Director. If the Director has not responded to a
request for reprogramming subject to this paragraph
within 30 days after receiving notice of the request
having been made, the request shall be deemed approved
by the Director under this paragraph and forwarded to
Congress.
(2) Appeal.--The head of any National Drug Control
Program Agency may appeal to the President any
disapproval by the Director of a reprogramming or
transfer request under this subsection.
Sec. 1005. National drug control strategy
(a) In General.--
(1) Statement of drug policy priorities.--The
Director shall release a statement of drug policy
priorities in the calendar year of a Presidential
inauguration following the inauguration but not later
than April 1.
(2) National drug control strategy submitted by the
president.--Not later than the first Monday in February
following the year in which the term of the President
commences, the President shall submit to Congress a
National Drug Control Strategy.
(b) Development of the National Drug Control Strategy.--
(1) Promulgation.--The Director shall promulgate the
National Drug Control Strategy, which shall set forth a
comprehensive plan to reduce illicit drug use and the
consequences of such illicit drug use in the United
States by limiting the availability of and reducing the
demand for illegal drugs and promoting prevention,
early intervention, treatment, and recovery support for
individuals with substance use disorders.
(2) State and local commitment.--The Director shall
seek the support and commitment of State, local, and
Tribal officials in the formulation and implementation
of the National Drug Control Strategy.
(3) Strategy based on evidence.--The Director shall
ensure the National Drug Control Strategy is based on
the best available medical and scientific evidence
regarding the policies that are most effective in
reducing the demand for and supply of illegal drugs.
(4) Process for development and submission of
national drug control strategy.--In developing and
effectively implementing the National Drug Control
Strategy, the Director--
(A) shall consult with--
(i) the heads of the National Drug
Control Program Agencies;
(ii) the United States Interdiction
Coordinator;
(iii) the Interdiction Committee;
(iv) the appropriate congressional
committees and any other committee of
jurisdiction;
(v) State, local, and Tribal
officials;
(vi) private citizens and
organizations, including community and
faith-based organizations, with
experience and expertise in demand
reduction;
(vii) private citizens and
organizations with experience and
expertise in supply reduction; and
(viii) appropriate representatives of
foreign governments; and
(B) in satisfying the requirements of
subparagraph (A), shall ensure, to the maximum
extent possible, that State, local, and Tribal
officials and relevant private organizations
commit to support and take steps to achieve the
goals and objectives of the National Drug
Control Strategy.
(c) Contents of the National Drug Control Strategy.--
(1) In general.--The National Drug Control Strategy
submitted under subsection (a)(2) shall include the
following:
(A) A description of the current prevalence
of illicit drug use in the United States,
including both the availability of illicit
drugs and the prevalence of substance use
disorders, which shall include the following:
(i) Such description for the previous
three years for any drug identified as
an emerging threat under section 1009
and any other illicit drug identified
by the Director as having a significant
impact on the prevalence of illicit
drug use.
(ii) A summary of the data and trends
presented in the Drug Control Data
Dashboard required under section 1013.
(B) A mission statement detailing the major
functions of the National Drug Control Program.
(C) A list of comprehensive, research-based,
long-range, quantifiable goals for reducing
illicit drug use, including--
(i) the percentage of the total flow
of illicit drugs to be interdicted
during the time period covered by the
Strategy; and
(ii) the number of individuals to
receive treatment for substance use
disorders.
(D) A description of how each goal listed in
the National Drug Control Strategy will be
achieved, including--
(i) a list of relevant National Drug
Control Program Agencies and each such
agency's related programs, activities,
and available assets and the role of
each such program, activity, and asset
in achieving the goal;
(ii) a list of relevant stakeholders
and each such stakeholder's role in
achieving the goal;
(iii) an estimate of Federal funding
and other resources needed to achieve
each goal;
(iv) an identification of existing or
new coordinating mechanisms needed to
achieve the goal; and
(v) a description of the Office's
role in facilitating the achievement of
such goal.
(E) For each year covered by the Strategy, a
performance evaluation plan for each goal
listed in the National Drug Control Strategy
for each National Drug Control Program Agency,
including--
(i) specific performance measures for
each National Drug Control Program
Agency and each such agency's related
programs and activities;
(ii) annual and quarterly objectives
and targets for each performance
measure; and
(iii) an estimate of Federal funding
and other resources needed to achieve
each performance measure.
(F) A list identifying existing data sources
or a description of data collection needed to
evaluate performance, including a description
of how the Director will obtain such data.
(G) A list of anticipated challenges to
achieving the National Drug Control Strategy
goals and planned actions to address such
challenges;
(H) A description of how each goal was
determined, including--
(i) a description of each required
consultation and how such consultation
was incorporated;
(ii) data, research, or other
information used to inform the
decision; and
(iii) a statement of whether the goal
established in subparagraph (C)(i) will
be adequate to disrupt drug trafficking
organizations that supply the majority
of foreign-sourced illicit drugs
trafficked into the United States.
(I) A 5-year projection for program and
budget priorities.
(J) A review of international, State, local,
and private sector drug control activities to
ensure that the United States pursues
coordinated and effective drug control at all
levels of government.
(K) Such statistical data and information as
the Director considers appropriate to
demonstrate and assess trends relating to
illicit drug use, the effects and consequences
of illicit drug use (including the effects on
children), supply reduction, demand reduction,
drug-related law enforcement, and the
implementation of the National Drug Control
Strategy.
(2) Additional strategies.--
(A) In general.--The Director shall include
in the National Drug Control Strategy the
additional strategies required under this
paragraph and shall comply with the following:
(i) Provide a copy of the additional
strategies to the appropriate
congressional committees and to the
Committee on Armed Services and the
Committee on Homeland Security of the
House of Representatives, and the
Committee on Homeland Security and
Governmental Affairs and the Committee
on Armed Services of the Senate.
(ii) Issue the additional strategies
in consultation with the head of each
relevant National Drug Control Program
Agency and any relevant official of a
State, local or Tribal government, and
the government of other countries.
(iii) Not change any existing agency
authority or construe any strategy
described under this paragraph to amend
or modify any law governing interagency
relationship but may include
recommendations about changes to such
authority or law.
(iv) Present separately from the rest
of any strategy described under this
paragraph any information classified
under criteria established by an
Executive order, or whose public
disclosure, as determined by the
Director or the head of any relevant
National Drug Control Program Agency,
would be detrimental to the law
enforcement or national security
activities of any Federal, State,
local, or Tribal agency.
(B) Requirement for southwest border
counternarcotics.--
(i) Purposes.--The Southwest Border
Counternarcotics Strategy shall--
(I) set forth the
Government's strategy for
preventing the illegal
trafficking of drugs across the
international border between
the United States and Mexico,
including through ports of
entry and between ports of
entry on that border;
(II) state the specific roles
and responsibilities of the
relevant National Drug Control
Program Agencies for
implementing that strategy; and
(III) identify the specific
resources required to enable
the relevant National Drug
Control Program Agencies to
implement that strategy.
(ii) Specific content related to drug
tunnels between the united states and
mexico.--The Southwest Border
Counternarcotics Strategy shall
include--
(I) a strategy to end the
construction and use of tunnels
and subterranean passages that
cross the international border
between the United States and
Mexico for the purpose of
illegal trafficking of drugs
across such border; and
(II) recommendations for
criminal penalties for persons
who construct or use such a
tunnel or subterranean passage
for such a purpose.
(C) Requirement for northern border
counternarcotics strategy.--
(i) Purposes.--The Northern Border
Counternarcotics Strategy shall--
(I) set forth the strategy of
the Federal Government for
preventing the illegal
trafficking of drugs across the
international border between
the United States and Canada,
including through ports of
entry and between ports of
entry on the border;
(II) state the specific roles
and responsibilities of each
relevant National Drug Control
Program Agency for implementing
the strategy;
(III) identify the specific
resources required to enable
the relevant National Drug
Control Program Agencies to
implement the strategy;
(IV) be designed to promote,
and not hinder, legitimate
trade and travel; and
(V) reflect the unique nature
of small communities along the
international border between
the United States and Canada,
ongoing cooperation and
coordination with Canadian law,
enforcement authorities, and
variations in the volumes of
vehicles and pedestrians
crossing through ports of entry
along the international border
between the United States and
Canada.
(ii) Specific content related to
cross-border indian reservations.--The
Northern Border Counternarcotics
Strategy shall include--
(I) a strategy to end the
illegal trafficking of drugs to
or through Indian reservations
on or near the international
border between the United
States and Canada; and
(II) recommendations for
additional assistance, if any,
needed by Tribal law
enforcement agencies relating
to the strategy, including an
evaluation of Federal technical
and financial assistance,
infrastructure capacity
building, and interoperability
deficiencies.
(3) Classified information.--Any contents of the
National Drug Control Strategy that involve information
properly classified under criteria established by an
Executive order shall be presented to Congress
separately from the rest of the National Drug Control
Strategy.
(4) Selection of data and information.--In selecting
data and information for inclusion under paragraph (1),
the Director shall ensure--
(A) the inclusion of data and information
that will permit analysis of current trends
against previously compiled data and
information where the Director believes such
analysis enhances long-term assessment of the
National Drug Control Strategy; and
(B) the inclusion of data and information to
permit a standardized and uniform assessment of
the effectiveness of drug treatment programs in
the United States.
(d) Annual Performance Supplement.--Not later than the first
Monday in February of each year following the year in which the
National Drug Control Strategy is submitted pursuant to
subsection (a)(2), the Director shall submit to the appropriate
congressional committees a supplement to the Strategy that
shall include--
(1) annual and quarterly quantifiable and measurable
objectives and specific targets to accomplish long-term
quantifiable goals specified in the Strategy; and
(2) for each year covered by the Strategy, a
performance evaluation plan for each goal listed in the
Strategy for each National Drug Control Program Agency,
including--
(A) specific performance measures for each
National Drug Control Program Agency and each
such agency's related programs and activities;
(B) annual and quarterly objectives and
targets for each performance measure; and
(C) an estimate of Federal funding and other
resources needed to achieve each performance
measure.
(e) Submission of Revised Strategy.--The President may submit
to Congress a revised National Drug Control Strategy that meets
the requirements of this section--
(1) at any time, upon a determination of the
President, in consultation with the Director, that the
National Drug Control Strategy in effect is not
sufficiently effective; or
(2) if a new President or Director takes office.
(f) Failure of President to Submit National Drug Control
Strategy.--If the President does not submit a National Drug
Control Strategy to Congress in accordance with subsection
(a)(2), not later than five days after the first Monday in
February following the year in which the term of the President
commences, the President shall send a notification to the
appropriate congressional committees--
(1) explaining why the Strategy was not submitted;
and
(2) specifying the date by which the Strategy will be
submitted.
Sec. 1006. Development of an annual national drug control assessment
(a) Timing.--Not later than the first Monday in February of
each year, the Director shall submit to the President,
Congress, and the appropriate congressional committees, a
report assessing the progress of each National Drug Control
Program Agency toward achieving the annual goals, objectives,
and targets contained in the National Drug Control Strategy
applicable to the prior fiscal year.
(b) Process for Development of the Annual Assessment.--Not
later than November 1 of each year, the head of each National
Drug Control Program Agency shall submit, in accordance with
guidance issued by the Director, to the Director an evaluation
of progress by the agency with respect to drug control program
goals using the performance measures for the agency developed
under this section, including progress with respect to--
(1) success in achieving the goals of the National
Drug Control Strategy;
(2) success in reducing domestic and foreign sources
of illegal drugs;
(3) success in expanding access to and increasing the
effectiveness of substance use disorder treatment;
(4) success in protecting the borders of the United
States (and in particular the Southwestern border of
the United States) from penetration by illegal
narcotics;
(5) success in reducing crime associated with drug
use in the United States;
(6) success in reducing the negative health and
social consequences of drug use in the United States;
and
(7) implementation of drug treatment and prevention
programs in the United States and improvements in the
adequacy and effectiveness of such programs.
(c) Contents of the Annual Assessment.--The Director shall
include in the annual assessment required under subsection
(a)--
(1) a summary of each evaluation received by the
Director under subsection (b);
(2) a summary of the progress of each National Drug
Control Program Agency toward the drug control program
goals of the agency using the performance measures for
the agency developed under this section;
(3) an assessment of the effectiveness of each Drug
Control Program agency and program in achieving the
National Drug Control Strategy for the previous year,
including a specific evaluation of whether the
applicable goals, measures, objectives, and targets for
the previous year were met;
(4) for National Drug Control Program Agencies that
administer grant programs, an evaluation of the
effectiveness of each grant program, including an
accounting of the funds disbursed by the program in the
prior year and a summary of how those funds were used
by the grantees and sub-grantees during that period;
(5) a detailed accounting of the amount of funds
obligated by each National Drug Control Program Agency
in carrying out the responsibilities of that agency
under the Strategy, including the information submitted
to the Director under section 1007(b);
(6) an assessment of the effectiveness of any
Emerging Threat Response Plan in effect for the
previous year, including a specific evaluation of
whether the objectives and targets were met and reasons
for the success or failure of the previous year's plan;
(7) a detailed accounting of the amount of funds
obligated during the previous fiscal year for carrying
out the media campaign under section 1009(d), including
each recipient of funds, the purpose of each
expenditure, the amount of each expenditure, any
available outcome information, and any other
information necessary to provide a complete accounting
of the funds expended; and
(8) the assessments required under this subsection
shall be based on the Performance Measurement System
describe in subsection (d).
(d) Performance Measurement System.--The Director shall
include in the annual assessment required under subsection (a)
a national drug control performance measurement system, that--
(1) develops annual, 2-year, and 5-year performance
measures, objectives, and targets for each National
Drug Control Strategy goal and objective established
for reducing drug use, availability, and the
consequences of drug use;
(2) describes the sources of information and data
that will be used for each performance measure
incorporated into the performance measurement system;
(3) identifies major programs and activities of the
National Drug Control Program Agencies that support the
goals and annual objectives of the National Drug
Control Strategy;
(4) evaluates the contribution of demand reduction
and supply reduction activities implemented by each
National Drug Control Program Agency in support of the
National Drug Control Strategy;
(5) monitors consistency between the drug-related
goals, measures, targets, and objectives of the
National Drug Control Program Agencies and ensures that
each agency's goals and budgets support, and are fully
consistent with, the National Drug Control Strategy;
and
(6) coordinates the development and implementation of
national drug control data collection and reporting
systems to support policy formulation and performance
measurement, including an assessment of--
(A) the quality of current drug use
measurement instruments and techniques to
measure supply reduction and demand reduction
activities;
(B) the adequacy of the coverage of existing
national drug use measurement instruments and
techniques to measure the illicit drug user
population, and groups that are at risk for
illicit drug use;
(C) the adequacy of the coverage of existing
national treatment outcome monitoring systems
to measure the effectiveness of substance use
disorder treatment in reducing illicit drug use
and criminal behavior during and after the
completion of substance use disorder treatment;
and
(D) the actions the Director shall take to
correct any deficiencies and limitations
identified pursuant to subparagraphs (A), (B),
and (C).
(e) Modifications.--A description of any modifications made
during the preceding year to the national drug performance
measurement system described in subsection (d) shall be
included in each report submitted under subsection (a).
(f) Annual Report on Consultation.--The Director shall
include in the annual assessment required under subsection
(a)--
(1) a detailed description of how the Office has
consulted with and assisted State, local, and Tribal
governments with respect to the formulation and
implementation of the National Drug Control Strategy
and other relevant issues; and
(2) a general review of the status of, and trends in,
demand reduction activities by private sector entities
and community-based organizations, including faith-
based organizations, to determine their effectiveness
and the extent of cooperation, coordination, and mutual
support between such entities and organizations and
Federal, State, local, and Tribal government agencies.
(g) Performance-budget Coordinator.--
(1) Designation.--The Director shall designate or
appoint a United States Performance-Budget Coordinator
to--
(A) ensure the Director has sufficient
information about the performance of each
National Drug Control Program Agency, the
impact Federal funding has had on the goals in
the Strategy, and the likely contributions to
the goals of the Strategy based on funding
levels of each National Drug Control Program
Agency, to make an independent assessment of
the budget request of each agency under section
1004;
(B) advise the Director on agency budgets,
performance measures and targets, and
additional data and research needed to make
informed policy decisions in the National Drug
Control Budget and Strategy; and
(C) other duties as may be determined by the
Director with respect to measuring or assessing
performance or agency budgets.
(2) Determination of position.--The Director shall
determine whether the coordinator position is a career
or noncareer position in the Senior Executive Service.
Sec. 1007. Monitoring and evaluation of national drug control program
(a) In General.--The Director shall monitor implementation of
the National Drug Control Program and the activities of the
National Drug Control Program Agencies in carrying out the
goals and objectives of the National Drug Control Strategy
including--
(1) conducting program and performance audits and
evaluations; and
(2) requesting assistance from the Inspector General
of the relevant agency in such audits and evaluations.
(b) Accounting of Funds Expended.--Not later than December 1
of each year and in accordance with guidance issued by the
Director, the head of each National Drug Control Program Agency
shall submit to the Director a detailed accounting of all funds
expended by the agency for National Drug Control Program
activities during the previous fiscal year and shall ensure
such detailed accounting is authenticated by the Inspector
General for such agency prior to submission to the Director.
(c) Notification.--The Director shall notify any National
Drug Control Program Agency if its activities are not in
compliance with the responsibilities of the agency under the
National Drug Control Strategy, transmit a copy of each such
notification to the President and the appropriate congressional
committees, and maintain a copy of each such notification.
(d) Recommendations.--The Director shall make such
recommendations to the President and the appropriate
congressional committees as the Director determines are
appropriate regarding changes in the organization, management,
and budgets of the National Drug Control Program Agencies, and
changes in the allocation of personnel to and within those
agencies, to implement the policies, goals, priorities, and
objectives established under section 1002(c)(1) and the
National Drug Control Strategy.
(e) Authorization, Development, and Implementation of a
Coordinated Tracking System.--
(1) Establishment.--The Director, shall establish a
coordinated tracking system of federally-funded
initiatives and grant programs which shall--
(A) be the central repository of all relevant
grants;
(B) identify duplication, overlap, or gaps in
funding to provide increased accountability of
federally-funded grants for substance abuse
treatment, prevention, and enforcement;
(C) identify impediments that applicants
currently have in the grant application process
with applicable agencies; and
(D) be developed and maintained by the Office
with the support of designated National Drug
Control Program Agencies, and any other agency
determined by the Director.
(2) Performance metrics.--The Director shall identify
metrics and achievable goals for grant recipients in
furtherance of the Strategy. Such metrics should be
used to measure how effective each federally funded
initiative is in achieving the objectives of the
Strategy and to enable comparisons of federally funded
initiatives to identify those that are the most cost
effective.
(3) Grant application standardization.--The Director,
in consultation with the head of each National Drug
Control Program Agency, shall develop a plan for
coordinating and standardizing drug control grant
application processes and develop a joint application
to be used by all National Drug Control Program
Agencies to reduce the administrative burden and
improve oversight of Federal funds.
(4) Central portal.--The Director shall maintain on
the public, electronic portal of the Office a list all
drug control grant award opportunities available in a
central location. The head of each National Drug
Control Program Agency shall provide a complete list of
all drug control program grant award opportunities to
the Director and annually update such list.
(5) Report to congress.--The Director shall include
in the assessment submitted to Congress under section
1006 an assessment on progress under this section and
the feasibility of block grants of Federal funding to
States.
Sec. 1008. Coordination and oversight of the national drug control
program
(a) In General.--The Director shall coordinate and oversee
the implementation by the National Drug Control Program
Agencies of the policies, goals, objectives, and priorities
established under section 1002(c)(1) and the fulfillment of the
responsibilities of such agencies under the National Drug
Control Strategy and make recommendations to National Drug
Control Program Agency heads with respect to implementation of
National Drug Control Programs.
(b) Detailing Employees to Other Agencies.--
(1) Request.--The Director may request the head of an
agency or program of the Federal Government to place
agency personnel who are engaged in drug control
activities on temporary detail to another agency in
order to implement the National Drug Control Strategy.
(2) Agency compliance.--The head of the agency shall
comply with such a request.
(3) Maximum number of detailees.--The maximum number
of personnel who may be detailed to another agency
(including the Office) under this subsection during any
fiscal year is--
(A) for the Department of Defense, 50; and
(B) for any other agency, 10.
(c) Directing Federal Funding.--The Director may transfer
funds made available to a National Drug Control Program Agency
for National Drug Control Strategy programs and activities to
another account within such agency or to another National Drug
Control Program Agency for National Drug Control Strategy
programs and activities, except that--
(1) the authority under this subsection may be
limited in an annual appropriations Act or other
provision of Federal law;
(2) the Director may exercise the authority under
this subsection only with the concurrence of the head
of each affected agency;
(3) in the case of an interagency transfer, the total
amount of transfers under this subsection may not
exceed 3 percent of the total amount of funds made
available for National Drug Control Strategy programs
and activities to the agency from which those funds are
to be transferred;
(4) funds transferred to an agency under this
subsection may only be used to increase the funding for
programs or activities authorized by law;
(5) the Director shall--
(A) submit to the appropriate congressional
committees and any other applicable committees
of jurisdiction, a reprogramming or transfer
request in advance of any transfer under this
subsection in accordance with the regulations
of the affected agency or agencies; and
(B) annually submit to the appropriate
congressional committees a report describing
the effect of all transfers of funds made
pursuant to this subsection or section 1004(f)
during the 12-month period preceding the date
on which the report is submitted; and
(6) funds may only be used for--
(A) expansion of demand reduction activities;
(B) interdiction of illicit drugs on the high
seas, in United States territorial waters, and
at United States ports of entry by officers and
employees of Drug Control Program Agencies and
domestic and foreign law enforcement officers;
(C) accurate assessment and monitoring of
international drug production and interdiction
programs and policies;
(D) activities to facilitate and enhance the
sharing of domestic and foreign intelligence
information among Drug Control Program Agencies
related to the production and trafficking of
drugs in the United States and foreign
countries; and
(E) activities to prevent the diversion of
prescription drugs for illicit use and research
related to any of these activities.
(d) Directing Federal Funding to Respond to Emerging
Threats.--
(1) In general.--The Director may transfer funds made
available to a National Drug Control Program Agency for
National Drug Control Strategy programs and activities
to another account within such agency or to another
National Drug Control Program Agency for National Drug
Control Strategy programs and activities to implement
the provisions of a plan developed under section 1009,
except that--
(A) the authority under this subsection may
be limited in an annual appropriations Act or
other provision of Federal law;
(B) in the case of an interagency transfer,
the total amount of transfers under this
subsection may not exceed 10 percent of the
total amount of funds made available for
National Drug Control Strategy programs and
activities to the agency from which those funds
are to be transferred;
(C) funds transferred to an agency under this
subsection may only be used to increase the
funding for programs or activities authorized
by law;
(D) no transfer of funds under this
subsection may result in a reduction in total
Federal expenditures for substance use disorder
treatment;
(E) the Director shall--
(i) submit to the appropriate
congressional committees and any other
applicable committees of jurisdiction,
a reprogramming or transfer request in
advance of any transfer under this
subsection in accordance with the
regulations of each affected agency;
and
(ii) annually submit to the
appropriate congressional committees a
report describing the effect of all
transfers of funds made pursuant to
this subsection or section 1004(f)
during the 12-month period preceding
the date on which the report is
submitted; and
(F) funds may only be used for--
(i) expansion of demand reduction
activities;
(ii) interdiction of illicit drugs on
the high seas, in United States
territorial waters, and at United
States ports of entry by officers and
employees of Drug Control Program
agencies and domestic and foreign law
enforcement officers;
(iii) accurate assessment and
monitoring of international drug
production and interdiction programs
and policies;
(iv) activities to facilitate and
enhance the sharing of domestic and
foreign intelligence information among
Drug Control Program Agencies related
to the production and trafficking of
drugs in the United States and foreign
countries; and
(v) activities to prevent the
diversion of prescription drugs for
illicit use and research related to any
of these activities.
(2) Inadequacy of transfer.--In the event the
authority under this subsection is inadequate to
implement the provisions of a plan developed under
section 1009, the Director shall submit a request for
funding to Congress as soon as the Director becomes
aware of the need for additional funding.
(e) Fund Control Notices.--
(1) In general.--The Director may issue to the head
of a National Drug Control Program Agency a fund
control notice to ensure compliance with the National
Drug Control Program Strategy. A fund control notice
may direct that all or part of an amount appropriated
to the National Drug Control Program Agency account be
obligated by--
(A) months, fiscal year quarters, or other
time periods; and
(B) activities, functions, projects, or
object classes.
(2) Unauthorized obligation or expenditure
prohibited.--An officer or employee of a National Drug
Control Program Agency shall not make or authorize an
expenditure or obligation contrary to a fund control
notice issued by the Director.
(3) Disciplinary action for violation.--In the case
of a violation of paragraph (2) by an officer or
employee of a National Drug Control Program Agency, the
head of the agency, upon the request of and in
consultation with the Director, may subject the officer
or employee to appropriate administrative discipline,
including, when circumstances warrant, suspension from
duty without pay or removal from office.
(4) Congressional notice.--Not later than 5 days
after issuance of a fund control notice, the Director
shall submit a copy of such fund control notice to the
appropriate congressional committees and make such
notice publicly available.
(5) Restrictions.--The Director shall not issue a
fund control notice to direct that all or part of an
amount appropriated to the National Drug Control
Program Agency account be obligated, modified, or
altered in any manner contrary, in whole or in part, to
a specific appropriation or statute.
(f) Exclusions.--The authorities described under subsections
(c), (d), and (e) do not apply to any program under subchapter
II or III.
(g) Foreign Assistance Act Participation.--The Director may
participate in the drug certification process pursuant to
section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j) and section 706 of the Department of State Authorization
Act for Fiscal Year 2003 (22 U.S.C. 229j-l).
(h) Certifications of Policy Changes to Director.--
(1) In general.--Subject to paragraph (2), the head
of a National Drug Control Program Agency shall, unless
exigent circumstances require otherwise, notify the
Director in writing regarding any proposed change in
policies relating to the activities of that agency
under the National Drug Control Program prior to
implementation of such change. The Director shall
promptly review such proposed change and certify to the
head of that agency in writing whether such change is
consistent with the National Drug Control Strategy.
(2) Exception.--If prior notice of a proposed change
under paragraph (1) is not practicable--
(A) the head of the National Drug Control
Program Agency shall notify the Director of the
proposed change as soon as practicable; and
(B) upon such notification, the Director
shall review the change and certify to the head
of that agency in writing whether the change is
consistent with the National Drug Control
Strategy.
(i) Work in Conjunction With Assistant for National Security
Affairs.--The Director shall, in any matter affecting national
security interests, work in conjunction with the Assistant to
the President for National Security Affairs.
Sec. 1009. Emerging threats taskforce, plan, media campaign
(a) Emerging Threats Task Force.--
(1) Emerging and continuing threats coordinator.--The
Director shall designate or appoint a United States
Emerging and Continuing Threats Coordinator to perform
the duties of that position described in this section
and such other duties as may be determined by the
Director. The Director shall determine whether the
coordinator position is a career or noncareer position
in the Senior Executive Service.
(2) Establishment and monitoring.--The Emerging and
Continuing Threats Coordinator (referred to in this
section as the ``Coordinator'') shall monitor evolving
and emerging drug threats in the United States and
shall serve as Chair of an Emerging Threats Task Force
(in this section, referred to as the ``task force'').
The Director shall appoint other members of the Task
force, which shall include representatives from--
(A) National Drug Control Program Agencies or
other agencies;
(B) State, local, and Tribal governments;
(C) the Director of the Fusion Center
established in section 1013; and
(D) other entities as determined to be
necessary by the Director.
(3) Information review and sharing.--
(A) In general.--The task force shall
disseminate and facilitate the sharing with
Federal, State, local, and Tribal officials and
other entities as determined by the Director of
pertinent information and data relating to the
following:
(i) Recent trends in drug supply and
demand.
(ii) Fatal and nonfatal overdoses.
(iii) Demand for and availability of
evidence-based substance use disorder
treatment, including the extent of the
unmet treatment need, and treatment
admission trends.
(iv) Recent trends in drug
interdiction, supply, and demand from
State, local, and Tribal law
enforcement agencies.
(v) Other subject matter as
determined necessary by the Director.
(B) Contract, agreement, and other
authority.--The Director may award contracts,
enter into interagency agreements, manage
individual projects, and conduct other
operational activities in support of the
identification of emerging threats and in
support of the development, implementation, and
assessment of Emerging Threat Response Plans.
(C) Data analysis activities.--In support of
the task force, the National Drug Control
Fusion Center is authorized to conduct and
provide to the task force the results of data
analysis activities that the task force
requests to aid in their review of recent
trends in the data disseminated under
subparagraph (A).
(4) Criteria to identify emerging drug threats.--Not
later than 60 days after the date on which a task force
first meets, the task force shall develop and recommend
to the Director criteria to be used to identify an
emerging drug threat or the termination of an emerging
drug threat designation based on information gathered
by the task force in paragraph (2), statistical data,
and other evidence.
(5) Meetings.--The task force shall meet in person
not less frequently than quarterly and at additional
meetings if determined to be necessary by and at the
call of the Chair to--
(A) identify and discuss evolving and
emerging drug trends in the United States using
the criteria established in paragraph (3);
(B) formulate the plan described in
subsection (c);
(C) oversee implementation of the plan
described in subsection (c); and
(D) provide such other advice to the
Coordinator and Director concerning strategy
and policies for emerging drug threats and
trends as the task force determines to be
appropriate.
(b) Designation.--
(1) In general.--The Director, in consultation with
the Coordinator, the task force, and the head of each
National Drug Control Program Agency, may designate an
emerging drug threat in the United States.
(2) Standards for designation.--The Director, in
consultation with the Coordinator, shall promulgate and
make publicly available standards by which a
designation under paragraph (1) and the termination of
such designation may be made. In developing such
standards, the Director shall consider the
recommendations of the task force and other criteria
the Director considers to be appropriate.
(3) Public statement required.--The Director shall
publish a public written statement on the portal of the
Office explaining the designation of an emerging drug
threat or the termination of such designation and shall
notify the appropriate congressional committees of the
availability of such statement when a designation or
termination of such designation has been made.
(c) Plan.--
(1) Public availability of plan.--Not later than 60
days after making a designation under subsection (b),
the Director shall publish and make publicly available
an Emerging Threat Response Plan and notify the
President and the appropriate congressional committees
of such plan's availability.
(2) Timing.--Not less frequently than every 90 days
after the date on which the plan is published under
paragraph (1), the Director shall update the plan and
report on implementation of the plan, until the
Director issues the public statement required under
subsection (b)(3) to terminate the emerging threat
designation.
(3) Contents of an emerging threat response plan.--
The Director shall include in the plan--
(A) a comprehensive strategic assessment of
the emerging drug threat, including the current
availability of, demand for, and effectiveness
of evidence-based prevention, treatment, and
enforcement programs and efforts to respond to
the emerging drug threat;
(B) comprehensive, research-based, long-
range, quantifiable goals for addressing the
emerging drug threat, including for reducing
the supply of the emerging drug threat and for
expanding the availability and effectiveness of
evidence-based substance use disorder treatment
and prevention programs to reduce the demand
for the emerging drug threat;
(C) performance measures pertaining to the
plan's goals, including quantifiable and
measurable objectives and specific targets;
(D) the level of funding needed to implement
the plan, including whether funding is
available to be reprogrammed or transferred to
support implementation of the plan or whether
additional appropriations are necessary to
implement the plan;
(E) an implementation strategy for the
education and public awareness campaign under
subsection (d), including goals as described
under subparagraph (B) and performance
measures, objectives, and targets, as described
under subparagraph (C); and
(F) any other information necessary to inform
the public of the status, progress, or response
of an emerging drug threat.
(4) Implementation.--
(A) In general.--Not later than 90 days after
the date on which a designation is made under
subsection (b), the Director, in consultation
with the President, the appropriate
congressional committees, and the head of each
National Drug Control Program Agency, shall
issue guidance on implementation of the plan
described in subsection (c) to the National
Drug Control Program Agencies and any other
relevant agency determined to be necessary by
the Director.
(B) Coordinator's responsibilities.--The
Coordinator shall--
(i) direct the implementation of the
plan among the agencies identified in
the plan, State, local, and Tribal
governments, and other relevant
entities;
(ii) facilitate information-sharing
between agencies identified in the
plan, State, local, and Tribal
governments, and other relevant
entities; and
(iii) monitor implementation of the
plan by coordinating the development
and implementation of collection and
reporting systems to support
performance measurement and adherence
to the plan by agencies identified in
plan, where appropriate.
(C) Reporting.--Not later than 180 days after
designation under subsection (b) and in
accordance with paragraph (2)(C), the head of
each agency identified in the plan shall submit
to the Coordinator a report on implementation
of the plan.
(d) Education and Public Awareness Campaign for Emerging Drug
Threats.--
(1) In general.--Not later than 90 days after a
designation under subsection (b), the Director shall
establish and implement an evidence-based substance use
prevention education and public awareness campaign to
inform the public about the dangers of any drug
designated as an emerging drug threat. Such campaign
shall--
(A) educate the public about the dangers of
such drug, including patient and family
education about the characteristics and hazards
of such drugs and methods to safeguard against
such dangers, including the safe disposal of
such drugs;
(B) support evidence-based prevention
programs targeting audiences' attitudes,
perceptions, and beliefs concerning substance
use and intentions to initiate or continue such
use;
(C) increase awareness of the negative
consequences of drug use;
(D) encourage individuals affected by
substance use disorders to seek treatment and
provide such individuals with information on
how to recognize addiction issues, what forms
of evidence-based treatment options are
available, and how to access such treatment;
and
(E) combat the stigma of addiction and
substance use disorders, including the stigma
of treating such disorders with medication-
assisted treatment therapies.
(2) Consultation.--For the planning of the campaign
under paragraph (1), the Secretary shall consult with--
(A) the head of any appropriate National Drug
Control Program Agency to obtain advice on
evidence-based scientific information for
policy, program development, and evaluation;
(B) experts in evidence-based media
campaigns, education, evaluation, and
communication;
(C) experts on the designated drug;
(D) State, local, and Tribal government
officials and relevant agencies;
(E) the public;
(F) appropriate congressional committees; and
(G) any other affected person.
(3) Gifts and donations.--
(A) In general.--The Director may accept
gifts and donations (in cash or in kind,
including voluntary and uncompensated services
or property), which shall be available until
expended, for the purpose of supporting the
education and outreach campaign authorized in
this section, including the media campaign.
(B) Ethics guidelines.--The Director shall
establish written guidelines setting forth the
criteria to be used in determining whether a
gift or donation should be declined under this
section because the acceptance of the gift or
donation would--
(i) reflect unfavorably upon the
ability of the Director or the Office,
or any employee of the Office, to carry
out responsibilities or official duties
under this chapter in a fair and
objective manner; or
(ii) compromise the integrity or the
appearance of integrity of programs or
services provided under this chapter or
of any official involved in those
programs or services.
(C) Annual report required.--Not later than
the first Monday in the February of each year,
the Director shall submit to the appropriate
congressional committees an annual report that
identifies the sources of any gift or donation
accepted by the Office or any contractor acting
on behalf of the Office, under this subsection,
including the value of each gift and donation
provided by each source of the gift.
(4) Implementation.--
(A) In general.--For any campaign established
under this subsection, the Director shall
ensure the following:
(i) Implementation is evidence-based,
meets accepted standards for public
awareness campaigns, and uses available
resources in a manner to make the most
progress toward achieving the goals
identified in the emerging threats plan
and paragraph (1).
(ii) Information disseminated through
the campaign is accurate.
(iii) The Director approves the
strategy of the campaign, all material
distributed through the campaign, and
the use of any Federal funds used for
the campaign.
(iv) The campaign is designed using
strategies found to be most effective
at achieving such goals, which may
include--
(I) a media campaign, as
described in subparagraph (B);
(II) local, regional, or
population specific messaging;
(III) establishing
partnerships and promoting
coordination among community
stakeholders, including public,
nonprofit organizations, and
for profit entities;
(IV) providing support,
training, and technical
assistance to establish and
expand school and community
prevention programs;
(V) creating websites to
publicize and disseminate
information;
(VI) conducting outreach and
providing educational resources
for parents;
(VII) establishing State or
regional advisory councils to
provide input and
recommendations to raise
awareness regarding the drug
designated as an emerging drug
threat;
(VIII) collaborating with law
enforcement; and
(IX) support for school-based
public health education classes
to improve teen knowledge about
the effects of such designated
drug.
(B) Media campaign.--Any campaign implemented
under this subsection may include a media
component, which--
(i) shall be designed to prevent the
use of the drug designated as an
emerging drug threat and to achieve the
goals of paragraph (1);
(ii) shall be carried out through
competitively awarded contracts to
entities providing for the professional
production and design of such campaign;
and
(iii) may include the use of
television, radio, Internet, social
media, and other commercial marketing
venues and may be targeted to specific
age groups based on peer-reviewed
social research.
(C) Required notice for communication from
the office.--Any communication, including an
advertisement, paid for or otherwise
disseminated by the Office directly or through
a contract awarded by the Office shall include
a prominent notice informing the audience that
the communication was a paid for by of the
Office.
(5) Evaluation.--
(A) Performance evaluation.--The Director
shall include an evaluation of the campaign in
the annual assessment under section 1006, which
shall include the following:
(i) A performance evaluation of the
campaign, including progress toward
meeting the goals, objectives,
measures, and targets identified in the
emerging threats plan.
(ii) A description of all policies
and practices to eliminate the
potential for waste, fraud, abuse, and
to ensure Federal funds are used
responsibly.
(iii) A list of all contracts or
other agreements entered into to
implement the campaign.
(iv) The results of any financial
audit of the campaign.
(v) A description of any evidence
used to develop the campaign.
(B) Independent evaluation.--Not later than
180 days after establishing a campaign under
paragraph (1) and not less than frequently than
every two years thereafter, the Director
shall--
(i) designate an independent entity
to evaluate the effectiveness of the
campaign with meeting the goals
established in the emerging threat plan
and paragraph (1); and
(ii) submit the results of the
independent evaluation to the
appropriate congressional committees.
(6) Funding prohibitions.--None of the amounts made
available under this subsection may be obligated for
any of the following:
(A) To supplant current anti-drug community-
based coalitions.
(B) To supplant pro bono public service time
donated by national and local broadcasting
network for other public services campaigns.
(C) For partisan political purposes, or
express advocacy in support of or to defeat any
clearly identified candidate, clearly
identified ballot initiative, or clearly
identified legislative or regulatory proposal.
(D) For any advocacy in support of any
particular company, industry association, or
advocacy group or the explicit policy positions
held by such groups.
(E) To direct any individuals to a specific
type of substance use disorder treatment,
treatment facility, medical provider, or form
of medication assisted treatment.
(F) To fund any advertising that features any
elected officials, persons seeking elected
office, cabinet level officials, or other
Federal officials employed pursuant to section
213 of Schedule C of title 5, Code of Federal
Regulations.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to the Office to carry out this section,
$25,000,000 for each of fiscal years 2019 through 2023.
Sec. 1010. National and international coordination
(a) Dissemination of Research and Information to States.--The
Director shall ensure that drug control research and
information is effectively disseminated by National Drug
Control Program Agencies to State and local governments and
nongovernmental entities involved in demand reduction by--
(1) encouraging formal consultation between any such
agency that conducts or sponsors research, and any such
agency that disseminates information in developing
research and information product development agendas;
(2) encouraging such agencies (as appropriate) to
develop and implement dissemination plans that
specifically target State and local governments and
nongovernmental entities involved in demand reduction;
and
(3) supporting the substance abuse information
clearinghouse administered by the Administrator of the
Substance Abuse and Mental Health Services
Administration and established in section 501(d)(16) of
the Public Health Service Act by--
(A) encouraging all National Drug Control
Program Agencies to provide all appropriate and
relevant information; and
(B) supporting the dissemination of
information to all interested entities.
(b) Standards.--
(1) Development.--The Director shall coordinate the
development of evidence-based standards developed by
National Drug Control Program Agencies and other
relevant agencies and non-Federal entities to State,
local, and Tribal governments and nongovernmental
entities related to drug control policies, practices,
and procedures, such as the investigation of drug-
related deaths, by--
(A) encouraging appropriate agencies and
State, local, and Tribal governments to develop
data standards for drug control practices and
procedures and related statistical data;
(B) encouraging information sharing between
appropriate agencies and State, local, and
Tribal governments of relevant drug control
information and data;
(C) establishing a working group of agencies,
State, local, and Tribal governments, and other
relevant stakeholders to discuss and develop
such standards; and
(D) facilitating collaboration among
agencies, non-Federal entities, States, local,
and Tribal governments, and nongovernmental
agencies.
(2) Implementation.--The Director shall promote the
implementation of the standards described in paragraph
(1) by--
(A) encouraging adoption by providing the
standards to State and local governments
through the internet, annual publications or
periodicals, and other widely-disseminated
means; and
(B) facilitating the use and dissemination of
such standards among State and local
governments by--
(i) providing technical assistance to
State, local, and Tribal governments
seeking to adopt or implement such
standards; and
(ii) coordinating seminars and
training sessions for State, local, and
Tribal governments seeking to adopt or
implement such standards.
(c) Private Sector.--
(1) In general.--The Director or the head of a
National Drug Control Program (as designated by the
Director) shall coordinate with the private sector to
promote private research and development of medications
to treat or prevent addiction, including research and
development for non-addictive pain management
medication, abuse deterrent formulations, medication-
assisted treatment, and other addiction research
determined to be necessary by the Director by--
(A) encouraging the sharing of information
regarding evidence-based treatment addiction
findings and related data between agencies and
the private sector, as appropriate;
(B) encouraging collaboration between
appropriate agencies and the private sector;
and
(C) providing private sector entities with
relevant statistical data and information to
enhance research as permissible.
(2) Working group.--The Director may establish a
working group of National Drug Control Program
Agencies, State, local, and Tribal governments, and the
private sector stakeholders to discuss and disseminate
best practices, research and development, and other
related issues, as appropriate.
(d) Model Acts Program.--
(1) In general.--The Director shall provide for or
shall enter into an agreement with a nonprofit
organization to--
(A) advise States on establishing laws and
policies to address illicit drug use issues;
and
(B) revise such model State drug laws and
draft supplementary model State laws to take
into consideration changes in illicit drug use
issues in the State involved.
(2) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $1,250,000 for each of fiscal years 2019
through 2023.
(e) Drug Court Training and Technical Assistance Program.--
(1) Grants authorized.--The Director may make a grant
to a nonprofit organization for the purpose of
providing training and technical assistance to drug
courts.
(2) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $2,000,000 for each of fiscal years 2019
through 2023.
(f) International Coordination.--The Director shall
facilitate international drug control coordination efforts.
(g) State, Local, and Tribal Affairs Coordinator.--The
Director shall designate or appoint a United States State,
Local, and Tribal Affairs Coordinator to perform the duties of
the Office outlined in this section and section 1005 and such
other duties as may be determined by the Director with respect
to coordination of drug control efforts between agencies and
State, local, and Tribal governments. The Director shall
determine whether the coordinator position is a career or
noncareer position in the Senior Executive Service.
Sec. 1011. Interdiction
(a) United States Interdiction Coordinator.--
(1) In general.--The Director shall designate or
appoint a United States Interdiction Coordinator to
perform the duties of that position described in
paragraph (2) and such other duties as may be
determined by the Director with respect to coordination
of efforts to interdict illicit drugs from entering the
United States.
(2) Responsibilities.--The United States Interdiction
Coordinator shall be responsible to the Director for--
(A) coordinating the interdiction activities
of the National Drug Control Program Agencies
to ensure consistency with the National Drug
Control Strategy;
(B) on behalf of the Director, developing and
issuing, on or before March 1 of each year and
in accordance with paragraph (4), a National
Interdiction Command and Control Plan to ensure
the coordination and consistency described in
subparagraph (A);
(C) assessing the sufficiency of assets
committed to illicit drug interdiction by the
relevant National Drug Control Program
Agencies; and
(D) advising the Director on the efforts of
each National Drug Control Program Agency to
implement the National Interdiction Command and
Control Plan.
(3) Staff.--The Director shall assign such permanent
staff of the Office as he considers appropriate to
assist the United States Interdiction Coordinator to
carry out the responsibilities described in paragraph
(2), and may request that appropriate National Drug
Control Program Agencies detail or assign staff to
assist in carrying out such activities.
(4) National interdiction command and control plan.--
(A) Purposes.--The National Interdiction
Command and Control Plan--
(i) shall set forth the Government's
strategy for drug interdiction;
(ii) shall state the specific roles
and responsibilities of the relevant
National Drug Control Program Agencies
for implementing that strategy;
(iii) shall identify the specific
resources required to enable the
relevant National Drug Control Program
Agencies to implement that strategy;
and
(iv) may include recommendations
about changes to existing agency
authorities or laws governing
interagency relationships.
(B) Consultation with other agencies.--Before
the submission of the National Drug Control
Strategy or annual supplement required under
section 1005(d), as applicable, the United
States Interdiction Coordinator shall issue the
National Interdiction Command and Control Plan,
in consultation with the other members of the
Interdiction Committee described in subsection
(c).
(C) Report to congress.--On or before March 1
of each year, the Director, through the United
States Interdiction Coordinator, shall provide
to the appropriate congressional committees, to
the Committee on Armed Services and the
Committee on Homeland Security of the House of
Representatives, and to the Committee on
Homeland Security and Governmental Affairs and
the Committee on Armed Services of the Senate,
a report that includes--
(i) a copy of that year's National
Interdiction Command and Control Plan;
(ii) information for the previous 10
years regarding the number and type of
seizures of drugs by each National Drug
Control Program Agency conducting drug
interdiction activities and statistical
information on the geographic areas of
such seizures; and
(iii) information for the previous 10
years regarding the number of air and
maritime patrol hours undertaken by
each National Drug Control Program
Agency conducting drug interdiction
activities and statistical information
on the geographic areas in which such
patrol hours took place.
(D) Classified annex.--The report submitted
pursuant to subparagraph (C) may include a
classified annex.
(b) Interdiction Committee.--
(1) In general.--The Interdiction Committee shall
meet to--
(A) discuss and resolve issues related to the
coordination, oversight, and integration of
international, border, and domestic drug
interdiction efforts in support of the National
Drug Control Strategy;
(B) review the annual National Interdiction
Command and Control Plan, and provide advice to
the Director and the United States Interdiction
Coordinator concerning that plan; and
(C) provide such other advice to the Director
concerning drug interdiction strategy and
policies as the committee determines is
appropriate.
(2) Chair.--The Director shall designate one of the
members of the Interdiction Committee to serve as
chair.
(3) Meetings.--The members of the Interdiction
Committee shall meet, in person and not through any
delegate or representative, at least once per calendar
year, before March 1. At the call of the Director or
the chair, the Interdiction Committee may hold
additional meetings, which shall be attended by the
members in person, or through such delegates or
representatives as the members may choose.
(4) Report.--Not later than September 30 of each
year, the chair of the Interdiction Committee shall
submit to the Director and to the appropriate
congressional committees a report describing the
results of the meetings and any significant findings of
the committee during the previous 12 months. Such
report may include a classified annex.
Sec. 1012. Treatment coordinator
(a) United States Treatment Coordinator.--
(1) In general.--The Director shall designate or
appoint a United States Treatment Coordinator to
perform the responsibilities of that position described
in paragraph (2) and such other duties as may be
determined by the Director with respect to coordination
of efforts to expand the availability of substance use
disorder treatment with the goal of eliminating the
unmet treatment need.
(2) Responsibilities.--The United States Treatment
Coordinator shall be responsible to the Director for--
(A) coordinating the activities of the
National Drug Control Program Agencies
undertaken to expand the availability of
evidence-based substance use disorder treatment
to ensure consistency with the National Drug
Control Strategy;
(B) on behalf of the Director, developing and
issuing, on or before March 1 of each year and
in accordance with paragraph (4), a National
Treatment Plan to ensure the coordination and
consistency described in subparagraph (A);
(C) assessing the sufficiency of Federal
resources directed to substance use disorder
treatment by the relevant National Drug Control
Program Agencies;
(D) encouraging the adoption by all substance
use disorder treatment providers of evidence-
based standards to guide all aspects of
treatment provided; and
(E) advising the Director on the efforts of
each National Drug Control Program Agency to
implement the National Treatment Plan.
(3) Staff.--The Director shall assign such permanent
staff of the Office of the United States Treatment
Coordinator as the Director determines to be
appropriate to assist the United States Treatment
Coordinator to carry out the responsibilities described
in paragraph (2), and may request that appropriate
National Drug Control Program Agencies detail or assign
staff to assist in carrying out such responsibilities.
(4) National treatment plan.--
(A) Purposes.--The National Treatment Plan--
(i) shall identify the unmet need for
treatment for evidence-based substance
use disorders including opioid use
disorders, and set forth the
Government's strategy for closing the
gap between available and needed
treatment through all sources;
(ii) shall describe the specific
roles and responsibilities of the
relevant National Drug Control Program
Agencies for implementing that
strategy;
(iii) shall identify the specific
resources required to enable the
relevant National Drug Control Program
Agencies to implement that strategy;
(iv) shall identify the resources,
including private sources, required to
eliminate the unmet need for evidence-
based substance use disorder treatment;
and
(v) may include recommendations about
changes to existing agency authorities
or laws governing interagency
relationships.
(B) Consultation with other agencies.--Before
the submission of the National Treatment
Strategy or annual supplement required under
section 1005(d), as applicable, the United
States Treatment Coordinator shall issue the
National Treatment Plan, in consultation with
the other members of the Interdiction Committee
described in subsection (b).
(C) Report to congress.--On or before March 1
of each year, the Director, through the United
States Treatment Coordinator, shall provide to
the appropriate congressional committees a
report that includes a copy of that year's
National Treatment Plan;
(b) Treatment Committee.--
(1) In general.--The Treatment Committee shall meet
to--
(A) review and discuss the adequacy of
evidence-based substance use disorder treatment
as well as the unmet need for treatment;
(B) review and discuss the status of the
implementation of the National Treatment Plan;
and
(C) provide such other advice to the Director
concerning substance use disorder treatment
initiatives as the committee determines is
appropriate.
(2) Chair.--The Director shall designate one of the
members of the Treatment Committee to serve as chair.
(3) Meetings.--The members of the Treatment Committee
shall meet, in person and not through any delegate or
representative, at least once per calendar year, before
March 1. At the call of the Director or the chair, the
Treatment Committee may hold additional meetings, which
shall be attended by the members in person, or through
such delegates or representatives as the members may
choose.
(4) Report.--Not later than September 30 of each
year, the chair of the Treatment Committee shall submit
to the Director and to the appropriate congressional
committees a report describing the results of the
meetings and any significant findings of the committee
during the previous 12 months. Such report may include
a classified annex.
Sec. 1013. Critical information coordination
(a) National Drug Control Fusion Center.--
(1) Establishment.--The Director shall, in
consultation with the head of each National Drug
Control Program Agency, designate an agency to
establish a National Drug Control Fusion Center
(referred to in this section as the ``Center''). The
Center shall operate under the authority of the
Director and shall work with the National Drug Control
Program Agencies to collect, compile, analyze, and
facilitate the sharing of data on the use of illicit
drugs, treatment for substance use disorder, and
interdiction of illicit drugs. The Center shall be
considered a ``statistical agency or unit'', as that
term is defined in section 502 of the Confidential
Information Protection and Statistical Efficiency Act
of 2002 (44 U.S.C. 3501 note) and shall have the
necessary independence to ensure any data or
information acquired by an agency under a pledge of
confidentiality and for exclusively statistical
purposes is used exclusively for statistical purposes.
(2) Center director.--There shall be at the head of
the Center a Center Director who shall be appointed by
the Director from among individuals qualified and
distinguished in data governance and statistical
analysis.
(3) Data compilation.--The Director, acting through
the Center Director, shall do the following:
(A) Coordinate data collection activities
among the National Drug Control Program
Agencies.
(B) Collect information not otherwise
collected by National Drug Control Program
Agencies as necessary to inform the National
Drug Control Strategy.
(C) Compile and analyze any data required to
be collected under this chapter.
(D) Disseminate technology, as appropriate,
to States and local jurisdictions to enable or
improve the collection of data on drug use,
including the recordation of the occurrence of
fatal and non-fatal drug overdoses.
(E) Compile information collected by National
Drug Control Program Agencies on grants issued
through any National Drug Control Program,
including for any grant the following:
(i) The recipient.
(ii) The amount.
(iii) The intended purpose.
(iv) Any evidence of the efficacy of
the outcomes achieved by the program
funded through the grant.
(v) Any assessments of how the grant
met its intended purpose.
(4) Toxicology screening.--
(A) Establishment.--The Center Director may
establish a toxicology screening program that
engages in--
(i) secondary analysis of urine
samples that would otherwise be
discarded by--
(I) hospitals and drug
treatment programs;
(II) correctional facilities,
booking sites, probation
programs, drug courts, and
related facilities; and
(III) coroners and medical
examiners; and
(ii) analysis of other physical
samples, as determined by the Center
Director to be valuable for
understanding the prevalence of any
illicit drug.
(B) De-identification of information.--The
Center Director shall ensure that no samples
have any personally identifiable information
prior to collection.
(C) Limitation on use.--No data obtained from
analysis conducted under this paragraph may be
used as evidence in any proceeding.
(D) State program.--The Center Director may
establish a program that enables States and
local jurisdictions to submit up to 20 urine
samples per year for toxicology analysis for
the purposes of identifying substances present
in individuals who have suffered fatal drug
overdoses.
(5) Authority to contract.--The Director may award
contracts, enter into interagency agreements, manage
individual projects, and conduct other operational
activities under this subsection.
(b) Critical Drug Control Information and Evidence Plan.--
(1) In general.--Not later than the first Monday in
February of each year, the Director shall submit to
Congress a systematic plan for increasing data
collection to enable real-time surveillance of drug
control threats, developing analysis and monitoring
capabilities, and identifying and addressing policy
questions relevant to the National Drug Control Policy,
Strategy, and Program. Such plan shall be made
available on the public online portal of the Office,
shall cover at least a 4-year period beginning with the
first fiscal year following the fiscal year in which
the plan is submitted and published, and contain the
following:
(A) A list of policy-relevant questions for
which the Director and each National Drug
Control Program Agency intends to develop
evidence to support the National Drug Control
Program and Strategy.
(B) A list of data the Director and each
National Drug Control Program Agency intends to
collect, use, or acquire to facilitate the use
of evidence in drug control policymaking and
monitoring.
(C) A list of methods and analytical
approaches that may be used to develop evidence
to support the National Drug Control Program
and Strategy and related policy.
(D) A list of any challenges to developing
evidence to support policymaking, including any
barriers to accessing, collecting, or using
relevant data.
(E) A description of the steps the Director
and the head of each National Drug Control
Program Agency will take to effectuate the
plan.
(F) Any other relevant information as
determined by the Director.
(2) Consultation.--In developing the plan required
under paragraph (1), the Director shall consult with
the following:
(A) The public.
(B) Any evaluation or analysis units and
personnel of the Office.
(C) Office officials responsible for
implementing privacy policy.
(D) Office officials responsible for data
governance.
(E) The appropriate congressional committees.
(F) Any other individual or entity as
determined by the Director.
(c) Evidence-based Policy.--
(1) Harm reduction programs.--When developing the
national drug control policy, any policy of the
Director, including policies relating to syringe
exchange programs for intravenous drug users, shall be
based on the best available medical and scientific
evidence regarding the effectiveness of such policy in
promoting individual health, preventing the spread of
infectious disease and the impact of such policy on
drug addiction and use. In making any policy relating
to harm reduction programs, the Director shall consult
with the National Institutes of Health and the National
Academy of Sciences.
(2) Fund restriction for the legalization of
controlled substances.--The Director shall ensure that
no Federal funds appropriated to the Office shall be
expended for any study or contract relating to the
legalization (for a medical use or any other use) for
which a listing in schedule I is in effect under
section 202 of the Controlled Substances Act (21 U.S.C.
812).
(d) Drug Control Data Dashboard.--
(1) Establishment.--The Director, in consultation
with the Center Director, shall establish and maintain
a data dashboard on the online portal of the Office to
be known as the ``Drug Control Data Dashboard''. The
Director shall ensure the user interface of the
dashboard is constructed with modern design standards.
To the extent practicable, the data made available on
the dashboard shall be publicly available in a machine-
readable format and searchable by year, agency, drug,
and location.
(2) Data.--The data included in the Drug Control Data
Dashboard shall be updated not less frequently than
quarterly and shall include, at a minimum, the
following:
(A) For each substance identified under
section 1005(c)(1)(A)(i)--
(i) the total amount seized and
disrupted in the calendar year and each
of the previous 3 calendar years;
(ii) the known and estimated flows
into the United States from all sources
in the calendar year and each of the
previous 3 calendar years;
(iii) the total amount of known flows
that could not be interdicted or
disrupted in the calendar year and each
of the previous 3 calendar years;
(iv) the known and estimated levels
of domestic production in the calendar
year and each of the previous three
calendar years, including the levels of
domestic production if the drug is a
prescription drug, as determined under
the Federal Food, Drug, and Cosmetic
Act, for which a listing is in effect
under section 202 of the Controlled
Substances Act (21 U.S.C. 812); and
(v) the average street price for the
calendar year and the highest known
street price during the preceding 10-
year period.
(B) For the calendar year and each of the
previous three years data sufficient to show,
disaggregated by State and, to the extent
feasible, by region within a State, county, or
city, the following:
(i) The number of fatal and non-fatal
overdoses caused by each drug
identified under subparagraph (A)(i).
(ii) The prevalence of substance use
disorders.
(iii) The number of individuals who
have received substance use disorder
treatment, including medication
assisted treatment, for a substance use
disorder, including treatment provided
through publicly-financed health care
programs.
(iv) The extent of the unmet need for
substance use disorder treatment,
including the unmet need for
medication-assisted treatment.
(C) Data sufficient to show the extent of
prescription drug diversion, trafficking, and
misuse in the calendar year and each of the
previous 3 calendar years.
(D) Any quantifiable measures the Director
determines to be appropriate to detail progress
toward the achievement of the goals of the
National Drug Control Strategy.
(e) Access to Information.--
(1) In general.--Upon the request of the Director,
the head of any National Drug Control Program Agency
shall cooperate with and provide to the Director any
statistics, studies, reports, and other information
prepared or collected by the agency concerning the
responsibilities of the agency under the National Drug
Control Strategy that relate to--
(A) drug control; or
(B) the manner in which amounts made
available to that agency for drug control are
being used by that agency.
(2) Protection of intelligence information.--
(A) In general.--The authorities conferred on
the Office and the Director by this chapter
shall be exercised in a manner consistent with
provisions of the National Security Act of 1947
(50 U.S.C. 401 et seq.). The Director of
National Intelligence shall prescribe such
regulations as may be necessary to protect
information provided pursuant to this chapter
regarding intelligence sources and methods.
(B) Duties of director.--The Director of
National Intelligence and the Director of the
Central Intelligence Agency shall, to the
maximum extent practicable in accordance with
subparagraph (A), render full assistance and
support to the Office and the Director.
(3) Required reports from national drug control
agencies.--The head of each National Drug Control
Program Agency shall submit to the Director such
information and reports as requested from such National
Drug Control Program Agency by the Director, which
shall include from the appropriate National Drug
Control Program Agencies:
(A) Not later than July 1 of each year, the
head of a designated National Drug Control
Program Agency shall submit to the Director and
the appropriate congressional committees an
assessment of the quantity of illegal drug
cultivation and manufacturing in the United
States on lands owned or under the jurisdiction
of their respective agencies that was seized or
eradicated by their personnel during the
preceding calendar year.
(B) Not later than July 1 of each year, the
head of a designated National Drug Control
Program Agency shall submit to the Director and
the appropriate congressional committees
information for the preceding year regarding--
(i) the number and type of seizures
of drugs by each component of the
agency seizing drugs, as well as
statistical information on the
geographic areas of such seizures; and
(ii) the number of air and maritime
patrol hours primarily dedicated to
drug supply reduction missions
undertaken by each component of the
agency.
(C) Not later than July 1 of each year, the
head of a designated National Drug Control
Program Agency shall submit to the Director and
the appropriate congressional committees
information for the preceding year regarding
the number of air and maritime patrol hours
primarily dedicated to drug supply reduction
missions undertaken by each component of the
agency.
(D) Not later than July 1 of each year, the
head of a designated National Drug Control
Program Agency shall submit to the Director and
the appropriate congressional committees
information for the preceding year regarding
the number and type of--
(i) arrests for drug violations;
(ii) prosecutions for drug violations
by United States Attorneys; and
(iii) seizures of drugs by each
component of the Department of Justice
seizing drugs, as well as statistical
information on the geographic areas of
such seizures.
(f) Data Exchange Standards for Improved Interoperability.--
(1) Interagency and intergovernmental designation and
use of data exchange standards working group.--The
Director shall establish a working group of National
Drug Control Program Agencies, State, local and Tribal
government health and law enforcement agencies, and
data governance experts to develop consensus data
exchange standards for necessary categories of
information that allow effective electronic exchange of
information between States, between State agencies,
between States and National Drug Control Program
Agencies, and any other drug control relevant data
exchange.
(2) Data exchange standards must be nonproprietary
and interoperable.--The data exchange standards
designated under paragraph (1) shall, to the extent
practicable, be nonproprietary and interoperable.
(3) Other requirements.--In designating data exchange
standards under this subsection, the working group
shall, to the extent practicable, incorporate--
(A) interoperable standards developed and
maintained by an international voluntary
consensus standards body, as defined by the
Office of Management and Budget;
(B) interoperable standards developed and
maintained by intergovernmental partnerships;
and
(C) interoperable standards developed and
maintained by Federal entities with authority
over contracting and financial assistance.
(4) Data exchange standards for federal reporting.--
(A) Designation.--The Director may, in
consultation with the working group established
under this section, National Drug Control
Program Agencies, and State, local, and Tribal
governments, designate data exchange standards
to govern Federal reporting and exchange
requirements for National Drug Control
Programs, as appropriate.
(B) Requirements.--The data exchange
reporting standards required by subparagraph
(A) shall, to the extent practicable--
(i) incorporate a widely accepted,
nonproprietary, searchable, machine-
readable format;
(ii) be consistent with and implement
applicable accounting principles;
(iii) be implemented in a manner that
is cost-effective and improves program
efficiency and effectiveness; and
(iv) be capable of being continually
upgraded as necessary.
(C) Incorporation of nonproprietary
standards.--In designating data exchange
standards under this paragraph, the Director
shall, to the extent practicable, incorporate
existing nonproprietary standards.
(D) Rule of construction.--Nothing in this
paragraph shall be construed to require a
change to existing data exchange standards for
Federal reporting about a program referred to
in this section, if the head of the agency
responsible for administering the program finds
the standards to be effective and efficient.
(5) Termination.--The working group established under
paragraph (1) shall terminate not earlier than 60 days
after the public notification of termination by the
Director.
(g) Annual Data Collection and Dissemination Requirements.--
(1) In general.--The Director shall collect and
disseminate, as appropriate, such information as the
Director determines is appropriate, but not less than
the information described in this subsection. To the
extent practicable, the data shall be publicly
available in a machine-readable format on the Drug
Control Data Dashboard, be searchable by year, agency,
drug, and location, and cover not less than the
previous 10-year period.
(2) Preparation and dissemination of information.--
The Director shall prepare and disseminate the
following:
(A) An assessment of current illicit drug use
(including inhalants and steroids) and
availability, impact of illicit drug use, and
treatment availability, which assessment shall
include--
(i) estimates of drug prevalence and
frequency of use as measured by
national, State, and local surveys of
illicit drug use and by other special
studies of nondependent and dependent
illicit drug use;
(ii) illicit drug use in the
workplace and the productivity lost by
such use; and
(iii) illicit drug use by arrestees,
probationers, and parolees.
(B) An assessment of the reduction of illicit
drug availability, for each drug identified
under section 1005(c)(1)(A)(i), as measured
by--
(i) the quantities of such drug
available for consumption in the United
States;
(ii) the amount of such drug entering
the United States;
(iii) the number of illicit drug
manufacturing laboratories seized and
destroyed of each relevant drug and the
number of hectares cultivated and
destroyed domestically and in other
countries of each relevant drug;
(iv) the number of metric tons of
such drug seized; and
(v) changes in the price and purity
of such drug.
(C) An assessment of the reduction of the
consequences of illicit drug use and
availability, which shall include--
(i) the cost of treating substance
use disorder in the United States, such
as the quantity of illicit drug-related
services provided;
(ii) the annual national health care
cost of illicit drug use; and
(iii) the extent of illicit drug-
related crime and criminal activity.
(D) A determination of the status of drug
treatment in the United States, by assessing--
(i) public and private treatment
utilization; and
(ii) the number of illicit drug users
the Director estimates meet diagnostic
criteria for treatment.
(E) A summary of the efforts made to
coordinate with private sector entities to
conduct private research and development of
medications to treat addiction by--
(i) screening chemicals for potential
therapeutic value;
(ii) developing promising compounds;
(iii) conducting clinical trials;
(iv) seeking Food and Drug
Administration approval for drugs to
treat addiction;
(v) marketing the drug for the
treatment of addiction;
(vi) urging physicians to use the
drug in the treatment of addiction; and
(vii) encouraging insurance companies
to reimburse the cost of the drug for
the treatment of addiction.
Sec. 1014. Annual audit and investigation requirements
(a) Periodic Government Accountability Office Audits of
Programs and Operations.--Not later than December 31, 2019, and
every 3 years thereafter, the Comptroller General shall--
(1) conduct and supervise an audit and investigation
relating to the programs and operations of--
(A) the Office; or
(B) certain programs within the Office,
including--
(i) the High Intensity Drug
Trafficking Areas Program; and
(iii) the media campaign under
section 1009(d); and
(2) submit to the Director and the appropriate
congressional committees a report containing an
evaluation of and recommendations on the--
(A) policies and activities of the programs
and operations subject to the audit and
investigation;
(B) economy, efficiency, and effectiveness in
the administration of the reviewed programs and
operations; and
(C) policy or management changes needed to
prevent and detect fraud and abuse in such
programs and operations.
Sec. 1015. Authorization of appropriations
There are authorized to be appropriated to carry out this
chapter, except as otherwise specified, to remain available
until expended, $18,400,000 for each of fiscal years 2019
through 2023.
SUBCHAPTER II--HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
Sec. 1021. High intensity drug trafficking areas program
(a) Establishment.--
(1) In general.--There is established in the Office a
program to be known as the High Intensity Drug
Trafficking Areas Program (in this section referred to
as the ``Program'').
(2) Purpose.--The purpose of the Program is to reduce
drug trafficking and drug production in the United
States by--
(A) facilitating cooperation among Federal,
State, local, and Tribal law enforcement
agencies to share information and implement
coordinated enforcement activities;
(B) enhancing law enforcement intelligence
sharing among Federal, State, local, and Tribal
law enforcement agencies;
(C) providing reliable law enforcement
intelligence to law enforcement agencies needed
to design effective enforcement strategies and
operations; and
(D) supporting coordinated law enforcement
strategies which maximize use of available
resources to reduce the supply of illegal drugs
in designated areas and in the United States as
a whole.
(b) Designation.--
(1) In general.--The Director, in consultation with
the Attorney General, the Secretary of the Treasury,
the Secretary of Homeland Security, heads of the
National Drug Control Program Agencies, and the
Governor of each applicable State, may designate any
specified area of the United States as a high intensity
drug trafficking area.
(2) Activities.--After making a designation under
paragraph (1) and in order to provide Federal
assistance to the area so designated, the Director
may--
(A) obligate such sums as are appropriated
for the Program;
(B) direct the temporary reassignment of
Federal personnel to such area, subject to the
approval of the head of the agency that employs
such personnel;
(C) take any other action authorized under
this chapter to provide increased Federal
assistance to those areas; and
(D) coordinate activities under this section
(specifically administrative, recordkeeping,
and funds management activities) with State,
local, and Tribal officials.
(c) Petitions for Designation.--The Director shall establish
and maintain regulations under which a coalition of interested
law enforcement agencies from an area may petition for
designation as a high intensity drug trafficking area (in this
section referred to as the ``HIDTA''). Such regulations shall
provide for a regular review by the Director of the petition,
including a recommendation regarding the merit of the petition
to the Director by a panel of qualified, independent experts.
(d) Factors for Consideration.--In considering whether to
designate an area under this section as a high intensity drug
trafficking area, the Director shall consider, in addition to
such other criteria as the Director considers to be
appropriate, the extent to which--
(1) the area is a significant center of illegal drug
production, manufacturing, importation, or
distribution;
(2) State, local, and Tribal law enforcement agencies
have committed resources to respond to the drug
trafficking problem in the area, thereby indicating a
determination to respond aggressively to the problem;
(3) drug-related activities in the area are having a
significant harmful impact in the area, and in other
areas of the country; and
(4) a significant increase in allocation of Federal
resources is necessary to respond adequately to drug-
related activities in the area.
(e) Organization of High Intensity Drug Trafficking Areas.--
(1) Executive board and officers.--To be eligible for
funds appropriated under this section, each high
intensity drug trafficking area shall be governed by an
Executive Board. The Executive Board shall designate a
chairman, vice chairman, and any other officers to the
Executive Board that it determines are necessary.
(2) Responsibilities.--The Executive Board of a high
intensity drug trafficking area shall be responsible
for--
(A) providing direction and oversight in
establishing and achieving the goals of the
high intensity drug trafficking area;
(B) managing the funds of the high intensity
drug trafficking area;
(C) reviewing and approving all funding
proposals consistent with the overall objective
of the high intensity drug trafficking area;
and
(D) reviewing and approving all reports to
the Director on the activities of the high
intensity drug trafficking area.
(3) Board representation.--None of the funds
appropriated under this section may be expended for any
high intensity drug trafficking area, or for a
partnership or region of a high intensity drug
trafficking area, if the Executive Board for such area,
region, or partnership, does not apportion an equal
number of votes between representatives of
participating agencies and representatives of
participating State, local, and Tribal agencies. Where
it is impractical for an equal number of
representatives of agencies and State, local, and
Tribal agencies to attend a meeting of an Executive
Board in person, the Executive Board may use a system
of proxy votes or weighted votes to achieve the voting
balance required by this paragraph.
(4) No agency relationship.--The eligibility
requirements of this section are intended to ensure the
responsible use of Federal funds. Nothing in this
section is intended to create an agency relationship
between individual high intensity drug trafficking
areas and the Federal Government.
(f) Use of Funds.--The Director shall ensure that not more
than 5 percent of Federal funds appropriated for the Program
are expended for drug treatment programs and not more than 5
percent of the Federal funds appropriated for the Program are
expended for drug prevention programs.
(g) Counterterrorism Activities.--
(1) Assistance authorized.--The Director may
authorize use of resources available for the Program to
assist Federal, State, local, and Tribal law
enforcement agencies in investigations and activities
related to terrorism and prevention of terrorism,
especially but not exclusively with respect to such
investigations and activities that are also related to
drug trafficking.
(2) Limitation.--The Director shall ensure--
(A) that assistance provided under paragraph
(1) remains incidental to the purpose of the
Program to reduce drug availability and carry
out drug-related law enforcement activities;
and
(B) that significant resources of the Program
are not redirected to activities exclusively
related to terrorism, except on a temporary
basis under extraordinary circumstances, as
determined by the Director.
(h) Role of Drug Enforcement Administration.--The Director,
in consultation with the Attorney General, shall ensure that a
representative of the Drug Enforcement Administration is
included in the Intelligence Support Center for each high
intensity drug trafficking area.
(i) Emerging Threat Response Fund.--
(1) In general.--Subject to the availability of
appropriations, the Director may expend up to 10
percent of the amounts appropriated under this section
on a discretionary basis, in accordance with the
criteria established under paragraph (2)--
(A) to respond to any emerging drug
trafficking threat in an existing high
intensity drug trafficking area;
(B) to establish a new high intensity drug
trafficking area; or
(C) to expand an existing high intensity drug
trafficking area.
(2) Consideration of impact.--In allocating funds
under this subsection, the Director shall consider--
(A) the impact of activities funded on
reducing overall drug traffic in the United
States, or minimizing the probability that an
emerging drug trafficking threat will spread to
other areas of the United States; and
(B) such other criteria as the Director
considers appropriate.
(j) Annual Hidta Program Budget Submissions.--As part of the
documentation that supports the President's annual budget
request for the Office, the Director shall submit to Congress a
budget justification that includes--
(1) the amount proposed for each HIDTA, conditional
upon a review by the Office of the request submitted by
such HIDTA and the performance of such HIDTA, with
supporting narrative descriptions and rationale for
each request;
(2) a detailed justification that explains--
(A) the reasons for the proposed funding
level and how such funding level was determined
based on a current assessment of the drug
trafficking threat in each high intensity drug
trafficking area;
(B) how such funding will ensure that the
goals and objectives of each such area will be
achieved; and
(C) how such funding supports the National
Drug Control Strategy; and
(3) the amount of HIDTA funds used to investigate and
prosecute organizations and individuals trafficking in
each major illicit drug, as identified by the Director,
in the prior calendar year, and a description of how
those funds were used.
(k) Hidta Annual Evaluation Report.--As part of each National
Drug Control Evaluation assessment under section 1006, the
Director shall include, for each designated high intensity drug
trafficking area, a report that--
(1) describes--
(A) the specific purposes for the high
intensity drug trafficking area; and
(B) the specific long-term and short-term
goals and objectives for the high intensity
drug trafficking area;
(2) includes an evaluation of the performance of the
high intensity drug trafficking area in accomplishing
the specific long-term and short-term goals and
objectives identified under subparagraph (1)(B);
(3) assesses the number and operation of all
federally funded drug enforcement task forces within
such high intensity drug trafficking area;
(4) describes--
(A) each Federal, State, local, and Tribal
drug enforcement task force operating in such
high intensity drug trafficking area;
(B) how such task forces coordinate with each
other, with any high intensity drug trafficking
area task force, and with investigations
receiving funds from the Organized Crime and
Drug Enforcement Task Force;
(C) what steps, if any, each such task force
takes to share information regarding drug
trafficking and drug production with other
federally funded drug enforcement task forces
in the high intensity drug trafficking area;
(D) the role of the high intensity drug
trafficking area in coordinating the sharing of
such information among task forces;
(E) the nature and extent of cooperation by
each Federal, State, local, and Tribal
participant in ensuring that such information
is shared among law enforcement agencies and
with the high intensity drug trafficking area;
(F) the nature and extent to which
information sharing and enforcement activities
are coordinated with joint terrorism task
forces in the high intensity drug trafficking
area; and
(G) any recommendations for measures needed
to ensure that task force resources are
utilized efficiently and effectively to reduce
the availability of illegal drugs in the high
intensity drug trafficking areas; and
(5) in consultation with the Director of National
Intelligence--
(A) evaluates existing and planned law
enforcement intelligence systems supported by
such high intensity drug trafficking area, or
utilized by task forces receiving any funding
under the Program, including the extent to
which such systems ensure access and
availability of law enforcement intelligence to
Federal, State, local, and Tribal law
enforcement agencies within the high intensity
drug trafficking area and outside of such area;
(B) evaluates the extent to which Federal,
State, local, and Tribal law enforcement
agencies participating in each high intensity
drug trafficking area are sharing law
enforcement intelligence information to assess
current drug trafficking threats and design
appropriate enforcement strategies; and
(C) identifies the measures needed to improve
effective sharing of information and law
enforcement intelligence regarding drug
trafficking and drug production among Federal,
State, local, and Tribal law enforcement
participating in a high intensity drug
trafficking area, and between such agencies and
similar agencies outside the high intensity
drug trafficking area.
(l) Coordination of Law Enforcement Intelligence Sharing With
Organized Crime Drug Enforcement Task Force Program.--
(1) Drug enforcement intelligence sharing.--The
Director, in consultation with the Attorney General,
shall ensure that any drug enforcement intelligence
obtained by the Intelligence Support Center for each
high intensity drug trafficking area is shared, on a
timely basis, with the drug intelligence fusion center
operated by the Organized Crime Drug Enforcement Task
Force of the Department of Justice.
(2) Certification.--Before the Director awards any
funds to a high intensity drug trafficking area, the
Director shall certify that the law enforcement
entities participating in that HIDTA are providing
laboratory seizure data to the national clandestine
laboratory database at the El Paso Intelligence Center.
(m) Authorization of Appropriations.--There is authorized to
be appropriated to the Office to carry out this section
$280,000,000 for each fiscal years 2019 through 2023.
(n) Specific Purposes.--
(1) In general.--The Director shall ensure that, of
the amounts appropriated for a fiscal year for the
Program, at least 2.5 percent is used in high intensity
drug trafficking areas with severe neighborhood safety
and illegal drug distribution problems.
(2) Required uses.--The funds used under paragraph
(1) shall be used to ensure the safety of neighborhoods
and the protection of communities, including the
prevention of the intimidation of witnesses of illegal
drug distribution and related activities and the
establishment of or support for programs that provide
protection or assistance to witnesses in court
proceedings.
(3) Best practice models.--The Director shall work
with the HIDTAs to develop and maintain best practice
models to assist State, local, and Tribal governments
in addressing witness safety, relocation, financial and
housing assistance, or any other services related to
witness protection or assistance in cases of illegal
drug distribution and related activities. The Director
shall ensure dissemination of the best practice models
to each HIDTA.
SUBCHAPTER III--DRUG-FREE COMMUNITIES SUPPORT PROGRAM
Sec. 1031. Establishment of drug-free communities support program
(a) Establishment.--The Director shall establish a program to
support communities in the development and implementation of
comprehensive, long-term plans and programs to prevent and
treat substance use and misuse among youth.
(b) Program.--In carrying out the Program, the Director
shall--
(1) make and track grants to grant recipients;
(2) provide for technical assistance and training,
data collection, and dissemination of information on
state-of-the-art practices that the Director determines
to be effective in reducing substance use; and
(3) provide for the general administration of the
Program.
(c) Administration.--The Director shall appoint an
Administrator to carry out the Program.
(d) Contracting.--The Director may employ any necessary staff
and may enter into contracts or agreements with national drug
control agencies, including interagency agreements, to delegate
authority for the execution of grants and for such other
activities necessary to carry out this chapter.
Sec. 1032. Program authorization
(a) Grant Eligibility.--To be eligible to receive an initial
grant or a renewal grant under this subchapter, a coalition
shall meet each of the following criteria:
(1) Application.--The coalition shall submit an
application to the Administrator in accordance with
section 1033(a)(2).
(2) Major sector involvement.--
(A) In general.--The coalition shall consist
of 1 or more representatives of each of the
following categories:
(i) Youth.
(ii) Parents.
(iii) Businesses.
(iv) The media.
(v) Schools.
(vi) Organizations serving youth.
(vii) Law enforcement.
(viii) Religious or fraternal
organizations.
(ix) Civic and volunteer groups.
(x) Health care professionals.
(xi) State, local, or tribal
governmental agencies with expertise in
the field of substance use prevention
or substance use disorders (including,
if applicable, the State authority with
primary authority for substance use and
misuse).
(xii) Other organizations involved in
reducing the prevalence of substance
use and misuse or substance use
disorders.
(B) Elected officials.--If feasible, in
addition to representatives from the categories
listed in subparagraph (A), the coalition shall
have an elected official (or a representative
of an elected official) from--
(i) the Federal Government; and
(ii) the government of the
appropriate State and political
subdivision thereof or the governing
body or an Indian tribe (as that term
is defined in section 4(e) of the
Indian Self-Determination Act (25
U.S.C. 450b(e))).
(C) Representation.--An individual who is a
member of the coalition may serve on the
coalition as a representative of not more than
1 category listed under subparagraph (A).
(3) Commitment.--The coalition shall demonstrate, to
the satisfaction of the Administrator--
(A) that the representatives of the coalition
have worked together on substance use and
misuse reduction initiatives, which, at a
minimum, includes initiatives that target drugs
described in section 1037(6)(A), for a period
of not less than 6 months, acting through
entities such as task forces, subcommittees, or
community boards; and
(B) substantial participation from volunteer
leaders in the community involved (especially
in cooperation with individuals involved with
youth such as parents, teachers, coaches, youth
workers, and members of the clergy).
(4) Mission and strategies.--The coalition shall,
with respect to the community involved--
(A) have as its principal mission the
reduction of illegal drug use, which, at a
minimum, includes the use of illegal drugs
described in section 1037(6)(A), in a
comprehensive and long-term manner, with a
primary focus on youth in the community;
(B) describe and document the nature and
extent of the substance use and misuse problem,
which, at a minimum, includes the use and
misuse of drugs described in section
1037(6)(A), in the community;
(C)(i) provide a description of substance use
and misuse prevention and treatment programs
and activities, which, at a minimum, includes
programs and activities relating to the use and
misuse of drugs described in section
1037(6)(A), in existence at the time of the
grant application; and
(ii) identify substance use and misuse
programs and service gaps, which, at a minimum,
includes programs and gaps relating to the use
and misuse of drugs described in section
1037(6)(A), in the community;
(D) develop a strategic plan to reduce
substance use and misuse among youth, which, at
a minimum, includes the use and misuse of drugs
described in section 1037(6)(A), in a
comprehensive and long-term fashion; and
(E) work to develop a consensus regarding the
priorities of the community to combat substance
use and misuse among youth, which, at a
minimum, includes the use and misuse of drugs
described in section 1037(6)(A).
(5) Sustainability.--The coalition shall demonstrate
that the coalition is an ongoing concern by
demonstrating that the coalition--
(A) is--
(i)(I) a nonprofit organization; or
(II) an entity that the Administrator
determines to be appropriate; or
(ii) part of, or is associated with,
an established legal entity;
(B) receives financial support (including, in
the discretion of the Administrator, in-kind
contributions) from non-Federal sources; and
(C) has a strategy to solicit substantial
financial support from non-Federal sources to
ensure that the coalition and the programs
operated by the coalition are self-sustaining.
(6) Accountability.--The coalition shall--
(A) establish a system to measure and report
outcomes--
(i) consistent with common indicators
and evaluation protocols established by
the Administrator; and
(ii) approved by the Administrator;
(B) conduct--
(i) for an initial grant under this
subchapter, an initial benchmark survey
of drug use among youth (or use local
surveys or performance measures
available or accessible in the
community at the time of the grant
application); and
(ii) biennial surveys (or incorporate
local surveys in existence at the time
of the evaluation) to measure the
progress and effectiveness of the
coalition; and
(C) provide assurances that the entity
conducting an evaluation under this paragraph,
or from which the coalition receives
information, has experience--
(i) in gathering data related to
substance use and misuse among youth;
or
(ii) in evaluating the effectiveness
of community anti-drug coalitions.
(7) Additional criteria.--The Director shall not
impose any eligibility criteria on new applicants or
renewal grantees not provided in this chapter.
(b) Grant Amounts.--
(1) In general.--
(A) Grants.--
(i) In general.--Subject to clause
(iv), for a fiscal year, the
Administrator may grant to an eligible
coalition under this paragraph, an
amount not to exceed the amount of non-
Federal funds raised by the coalition,
including in-kind contributions, for
that fiscal year.
(ii) Suspension of grants.--If such
grant recipient fails to continue to
meet the criteria specified in
subsection (a), the Administrator may
suspend the grant, after providing
written notice to the grant recipient
and an opportunity to appeal.
(iii) Renewal grants.--Subject to
clause (iv), the Administrator may
award a renewal grant to a grant
recipient under this subparagraph for
each fiscal year following the fiscal
year for which an initial grant is
awarded, in an amount not to exceed the
amount of non-Federal funds raised by
the coalition, including in-kind
contributions, for that fiscal year,
during the 4-year period following the
period of the initial grant.
(iv) Limitation.--The amount of a
grant award under this subparagraph may
not exceed $125,000 for a fiscal year.
(B) Coalition awards.--
(i) In general.--Except as provided
in clause (ii), the Administrator may,
with respect to a community, make a
grant to 1 eligible coalition that
represents that community.
(ii) Exception.--The Administrator
may make a grant to more than 1
eligible coalition that represents a
community if--
(I) the eligible coalitions
demonstrate that the coalitions
are collaborating with one
another; and
(II) each of the coalitions
has independently met the
requirements set forth in
subsection (a).
(2) Rural coalition grants.--
(A) In general.--
(i) In general.--In addition to
awarding grants under paragraph (1), to
stimulate the development of coalitions
in sparsely populated and rural areas,
the Administrator may award a grant in
accordance with this section to a
coalition that represents a county with
a population that does not exceed
30,000 individuals. In awarding a grant
under this paragraph, the Administrator
may waive any requirement under
subsection (a) if the Administrator
considers that waiver to be
appropriate.
(ii) Matching requirement.--Subject
to subparagraph (C), for a fiscal year,
the Administrator may grant to an
eligible coalition under this
paragraph, an amount not to exceed the
amount of non-Federal funds raised by
the coalition, including in-kind
contributions, for that fiscal year.
(iii) Suspension of grants.--If such
grant recipient fails to continue to
meet any criteria specified in
subsection (a) that has not been waived
by the Administrator pursuant to clause
(i), the Administrator may suspend the
grant, after providing written notice
to the grant recipient and an
opportunity to appeal.
(B) Renewal grants.--The Administrator may
award a renewal grant to an eligible coalition
that is a grant recipient under this paragraph
for each fiscal year following the fiscal year
for which an initial grant is awarded, in an
amount not to exceed the amount of non-Federal
funds raised by the coalition, including in-
kind contributions, during the 4-year period
following the period of the initial grant.
(C) Limitations.--
(i) Amount.--The amount of a grant
award under this paragraph shall not
exceed $125,000 for a fiscal year.
(ii) Awards.--With respect to a
county referred to in subparagraph (A),
the Administrator may award a grant
under this section to not more than 1
eligible coalition that represents the
county.
(3) Additional grants.--
(A) In general.--Subject to subparagraph (F),
the Administrator may award an additional grant
under this paragraph to an eligible coalition
awarded a grant under paragraph (1) or (2) for
any first fiscal year after the end of the 4-
year period following the period of the initial
grant under paragraph (1) or (2), as the case
may be.
(B) Scope of grants.--A coalition awarded a
grant under paragraph (1) or (2), including a
renewal grant under such paragraph, may not be
awarded another grant under such paragraph, and
is eligible for an additional grant under this
section only under this paragraph.
(C) No priority for applications.--The
Administrator may not afford a higher priority
in the award of an additional grant under this
paragraph than the Administrator would afford
the applicant for the grant if the applicant
were submitting an application for an initial
grant under paragraph (1) or (2) rather than an
application for a grant under this paragraph.
(D) Renewal grants.--Subject to subparagraph
(F), the Administrator may award a renewal
grant to a grant recipient under this paragraph
for each of the fiscal years of the 4-fiscal-
year period following the fiscal year for which
the initial additional grant under subparagraph
(A) is awarded in an amount not to exceed
amounts as follows:
(i) For the first and second fiscal
years of that 4-fiscal-year period, the
amount equal to 80 percent of the non-
Federal funds, including in-kind
contributions, raised by the coalition
for the applicable fiscal year.
(ii) For the third and fourth fiscal
years of that 4-fiscal-year period, the
amount equal to 67 percent of the non-
Federal funds, including in-kind
contributions, raised by the coalition
for the applicable fiscal year.
(E) Suspension.--If a grant recipient under
this paragraph fails to continue to meet the
criteria specified in subsection (a), the
Administrator may suspend the grant, after
providing written notice to the grant recipient
and an opportunity to appeal.
(F) Limitation.--The amount of a grant award
under this paragraph may not exceed $125,000
for a fiscal year.
(4) Process for suspension.--A grantee shall not be
suspended or terminated under paragraph (1)(A)(ii),
(2)(A)(iii), or (3)(C) unless that grantee is afforded
a fair, timely, and independent appeal prior to such
suspension or termination.
(c) Treatment of Funds for Coalitions Representing Certain
Organizations.--Funds appropriated for the substance use and
misuse activities of a coalition that includes a representative
of the Bureau of Indian Affairs, the Indian Health Service, or
a tribal government agency with expertise in the field of
substance use prevention may be counted as non-Federal funds
raised by the coalition for purposes of this section.
(d) Priority in Awarding Grants.--In awarding grants under
subsection (b)(1)(A)(i), priority shall be given to a coalition
serving economically disadvantaged areas.
Sec. 1033. Information collection and dissemination with respect to
grant recipients
(a) Coalition Information.--
(1) General auditing authority.--For the purpose of
audit and examination, the Administrator--
(A) shall have access to any books,
documents, papers, and records that are
pertinent to any grant or grant renewal request
under this chapter; and
(B) may periodically request information from
a grant recipient to ensure that the grant
recipient meets the applicable criteria under
section 1032(a).
(2) Application process.--The Administrator shall
issue a request for proposal regarding, with respect to
the grants awarded under section 1032, the application
process, grant renewal, and suspension or withholding
of renewal grants. Each application under this
paragraph shall be in writing and shall be subject to
review by the Administrator.
(3) Reporting.--The Administrator shall, to the
maximum extent practicable and in a manner consistent
with applicable law, minimize reporting requirements by
a grant recipient and expedite any application for a
renewal grant made under this subchapter.
(b) Data Collection and Dissemination.--
(1) In general.--The Administrator may collect data
from--
(A) national substance use and misuse
organizations that work with eligible
coalitions, community anti-drug coalitions,
departments or agencies of the Federal
Government, or State or local governments and
the governing bodies of Indian tribes; and
(B) any other entity or organization that
carries out activities that relate to the
purposes of the Program.
(2) Activities of administrator.--The Administrator
may--
(A) evaluate the utility of specific
initiatives relating to the purposes of the
Program;
(B) conduct an evaluation of the Program; and
(C) disseminate information described in this
subsection to--
(i) eligible coalitions and other
substance use prevention organizations;
and
(ii) the general public.
(3) Consultation.--The Administrator shall carry out
activities under this subsection in consultation with
the National Community Antidrug Coalition Institute.
(4) Limitation on use of certain funds for evaluation
of program.--Amounts for activities under paragraph
(2)(B) may not be derived from amounts under section
1038(a) except for amounts that are available under
section 1038(b) for administrative costs.
Sec. 1034. Technical assistance and training
(a) In General.--
(1) Technical assistance and agreements.--With
respect to any grant recipient or other organization,
the Administrator may--
(A) offer technical assistance and training;
and
(B) enter into contracts and cooperative
agreements.
(2) Coordination of programs.--The Administrator may
facilitate the coordination of programs between a grant
recipient and other organizations and entities.
(b) Training.--The Administrator may provide training to any
representative designated by a grant recipient in--
(1) coalition building;
(2) task force development;
(3) mediation and facilitation, direct service,
assessment and evaluation; or
(4) any other activity related to the purposes of the
Program.
Sec. 1035. Supplemental grants for coalition mentoring activities
(a) Authority to Make Grants.--As part of the program
established under section 1031, the Director may award an
initial grant under this subsection, and renewal grants under
subsection (f), to any coalition awarded a grant under section
1032 that meets the criteria specified in subsection (d) in
order to fund coalition mentoring activities by such coalition
in support of the program.
(b) Treatment With Other Grants.--
(1) Supplement.--A grant awarded to a coalition under
this section is in addition to any grant awarded to the
coalition under section 1032.
(2) Requirement for basic grant.--A coalition may not
be awarded a grant under this section for a fiscal year
unless the coalition was awarded a grant or renewal
grant under section 1032(b) for that fiscal year.
(c) Application.--A coalition seeking a grant under this
section shall submit to the Administrator an application for
the grant in such form and manner as the Administrator may
require.
(d) Criteria.--A coalition meets the criteria specified in
this subsection if the coalition--
(1) has been in existence for at least 5 years;
(2) has achieved, by or through its own efforts,
measurable results in the prevention and treatment of
substance use and misuse among youth;
(3) has staff or members willing to serve as mentors
for persons seeking to start or expand the activities
of other coalitions in the prevention and treatment of
substance use and misuse;
(4) has demonstrable support from some members of the
community in which the coalition mentoring activities
to be supported by the grant under this section are to
be carried out; and
(5) submits to the Administrator a detailed plan for
the coalition mentoring activities to be supported by
the grant under this section.
(e) Use of Grant Funds.--A coalition awarded a grant under
this section shall use the grant amount for mentoring
activities to support and encourage the development of new,
self-supporting community coalitions that are focused on the
prevention and treatment of substance use and misuse in such
new coalitions' communities. The mentoring coalition shall
encourage such development in accordance with the plan
submitted by the mentoring coalition under subsection (d)(5).
(f) Renewal Grants.--The Administrator may make a renewal
grant to any coalition awarded a grant under subsection (a), or
a previous renewal grant under this subsection, if the
coalition, at the time of application for such renewal grant--
(1) continues to meet the criteria specified in
subsection (d); and
(2) has made demonstrable progress in the development
of one or more new, self-supporting community
coalitions that are focused on the prevention and
treatment of substance use and misuse.
(g) Grant Amounts.--
(1) In general.--Subject to paragraphs (2) and (3),
the total amount of grants awarded to a coalition under
this section for a fiscal year may not exceed the
amount of non-Federal funds raised by the coalition,
including in-kind contributions, for that fiscal year.
Funds appropriated for the substance use and misuse
activities of a coalition that includes a
representative of the Bureau of Indian Affairs, the
Indian Health Service, or a tribal government agency
with expertise in the field of substance use prevention
may be counted as non-Federal funds raised by the
coalition.
(2) Initial grants.--The amount of the initial grant
awarded to a coalition under subsection (a) may not
exceed $75,000.
(3) Renewal grants.--The total amount of renewal
grants awarded to a coalition under subsection (f) for
any fiscal year may not exceed $75,000.
(h) Fiscal Year Limitation on Amount Available for Grants.--
The total amount available for grants under this section,
including renewal grants under subsection (f), in any fiscal
year may not exceed the amount equal to five percent of the
amount authorized to be appropriated by section 1038 for that
fiscal year.
(i) Priority in Awarding Initial Grants.--In awarding initial
grants under this section, priority shall be given to a
coalition that expressly proposes to provide mentorship to a
coalition or aspiring coalition serving economically
disadvantaged areas.
Sec. 1036. Authorization for National Community Antidrug Coalition
Institute
(a) In General.--The Director shall, using amounts authorized
to be appropriated by subsection (d), make a competitive grant
to provide for the continuation of the National Community Anti-
drug Coalition Institute.
(b) Eligible Organizations.--An organization eligible for the
grant under subsection (a) is any national nonprofit
organization that represents, provides technical assistance and
training to, and has special expertise and broad, national-
level experience in community antidrug coalitions under this
subchapter.
(c) Use of Grant Amount.--The organization that receives the
grant under subsection (a) shall continue a National Community
Anti-Drug Coalition Institute to--
(1) provide education, training, and technical
assistance for coalition leaders and community teams,
with emphasis on the development of coalitions serving
economically disadvantaged areas;
(2) develop and disseminate evaluation tools,
mechanisms, and measures to better assess and document
coalition performance measures and outcomes; and
(3) bridge the gap between research and practice by
translating knowledge from research into practical
information.
(d) Authorization of Appropriations.--The Director shall,
using amounts authorized to be appropriated by section 1038,
make a grant of $2,000,000 under subsection (a), for each of
the fiscal years 2019 through 2023.
Sec. 1037. Definitions
In this subchapter:
(1) Administrator.--The term ``Administrator'' means
the Administrator appointed by the Director under
section 1031(c).
(2) Community.--The term ``community'' shall have the
meaning provided that term by the Administrator.
(3) Eligible coalition.--The term ``eligible
coalition'' means a coalition that meets the applicable
criteria under section 1032(a).
(4) Grant recipient.--The term ``grant recipient''
means the recipient of a grant award under section
1032.
(5) Program.--The term ``Program'' means the program
established under section 1031(a).
(6) Substance use and misuse.--The term ``substance
use and misuse'' means--
(A) the illegal use or misuse of drugs,
including substances for which a listing is in
effect under any of schedules I through V under
section 202 of the Controlled Substances Act
(21 U.S.C. 812);
(B) the misuse of inhalants or over the
counter drugs; or
(C) the use of alcohol, tobacco, or other
related product as such use is prohibited by
State or local law.
(7) Youth.--The term ``youth'' shall have the meaning
provided that term by the Administrator.
Sec. 1038. Drug-free communities reauthorization
(a) Authorization of Appropriations.--There are authorized to
be appropriated to the Office to carry out this subchapter
$99,000,000 for each of fiscal years 2019 through 2023.
(b) Administrative Costs.--Not more than 8 percent of the
funds appropriated for this subchapter may be used by the
Office or, in the discretion of the Director, an agency
delegated to carry out the program under section 1031(d) to pay
for administrative costs associated with carrying out the
program.
----------
OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2006
* * * * * * *
TITLE II--THE NATIONAL DRUG CONTROL STRATEGY
* * * * * * *
[SEC. 203. ANNUAL REPORT REQUIREMENT.
[(a) In general.--On or before February 1, 2013, and every 3
years thereafter,, the Director shall submit a report to
Congress that describes--
[(1) the strategy of the national media campaign and
whether specific objectives of the campaign were
accomplished;
[(2) steps taken to ensure that the national media
campaign operates in an effective and efficient manner
consistent with the overall strategy and focus of the
campaign;
[(3) plans to purchase advertising time and space;
[(4) policies and practices implemented to ensure
that Federal funds are used responsibly to purchase
advertising time and space and eliminate the potential
for waste, fraud, and abuse;
[(5) all contracts entered into with a corporation,
partnership, or individual working on behalf of the
national media campaign;
[(6) specific policies and steps implemented to
ensure compliance with title IV of this Act;
[(7) steps taken to ensure that the national media
campaign will secure, to the maximum extent possible,
no cost matches of advertising time and space or in-
kind contributions that are directly related to the
campaign in accordance with title IV of this Act; and
[(8) a review and evaluation of the effectiveness of
the national media campaign strategy for the past year.
[(b) Audit.--The Government Accountability Office shall, not
later than December 31, 2013, and every 3 years thereafter--
[(1) conduct and supervise an audit and investigation
relating to the programs and operations of the--
[(A) Office; or
[(B) certain programs within the Office,
including--
[(i) the High Intensity Drug
Trafficking Areas Program;
[(ii) the Counterdrug Technology
Assessment Center; or
[(iii) the National Youth Anti-drug
Media Campaign; and
[(2) provide the Director and the appropriate
congressional committees with a report containing an
evaluation of and recommendations on the--
[(A) policies and activities of the programs
and operations subject to the audit and
investigation;
[(B) economy, efficiency, and effectiveness
in the administration of the reviewed programs
and operations; and
[(C) policy or management changes needed to
prevent and detect fraud and abuse in such
programs and operations.]
* * * * * * *
[TITLE VIII--DRUG-FREE COMMUNITIES
[SEC. 801. REAUTHORIZATION
[(a) In general.--Section 1024(a) of the Drug-Free
Communities Act of 1997 (21 U.S.C. 1524(a)) is amended--
[(1) in paragraph (9), by striking ``and'' after the
semicolon;
[(2) in paragraph (10), by striking the period and
inserting a semicolon; and
[(3) by adding at the end the following:
[``(11) $109,000,000 for fiscal year 2008;
[``(12) $114,000,000 for fiscal year 2009;
[``(13) $119,000,000 for fiscal year 2010;
[``(14) $124,000,000 for fiscal year 2011; and
[``(15) $129,000,000 for fiscal year 2012.''.
[(b) Administration Costs.--Section 1024(b) of the Drug-Free
Communities Act of 1997 (21 U.S.C. 1524(b)) is amended to read
as follows:
[``(b) Administrative Costs.--
[``(1) Limitation.--Not more than 3 percent of the
funds appropriated for this chapter may be used by the
Office of National Drug Control Policy to pay for
administrative costs associated with their
responsibilities under the chapter.
[``(2) Designated agency.--The agency delegated to
carry out this program under section 1031(d) may use up
to 5 percent of the funds allocated for grants under
this chapter for administrative costs associated with
carrying out the program.''.
[SEC. 802. SUSPENSION OF GRANTS.
[(a) In general.--Section 1032(b) of the Drug-Free
Communities Act of 1997 (21 U.S.C. 1532(b)) is amended by
adding at the end the following:
[``(4) Process for suspension.--A grantee shall not
be suspended or terminated under paragraph (1)(A)(ii),
(2)(A)(iii), or (3)(E) unless that grantee is afforded
a fair, timely, and independent appeal prior to such
suspension or termination.''.
[(b) Report to Congress.--Not later than 60 days after the
date of enactment of this Act, the Director of the Office of
National Drug Control Policy shall submit to Congress a report
detailing the appeals process required by section 1032(b)(4) of
the Drug-Free Communities Act of 1997, as added by subsection
(a).
[SEC. 803. GRANT AWARD INCREASE
[Subsections (b)(1)(A)(iv), (b)(2)(C)(i), and (b)(3)(F) of
section 1032 of the Drug-Free Communities Act of 1997 (21
U.S.C. 1532) are amended by striking ``$100,000'' and inserting
``$125,000''.
[SEC. 804. PROHIBITION ON ADDITIONAL ELIGIBILITY CRITERIA
[Section 1032(a) of the Drug-Free Communities Act of 1997 (21
U.S.C. 1532(a)) is amended by adding at the end the following:
[``(7) Additional criteria.--The Director shall not
impose any eligibility criteria on new applicants or
renewal grantees not provided in this chapter.''.
[SEC. 805. NATIONAL COMMUNITY ANTI-DRUG COALITION INSTITUTE
[Section 4 of Public Law 107-82 (21 U.S.C. 1521 note),
reauthorizing the Drug-Free Communities Support Program, is
amended--
[(1) by amending subsection (a) to read as follows:
[``(a) In general.--The Director of the Office of National
Drug Control Policy shall, using amounts authorized to be
appropriated by subsection (d), make a directed grant to
Community Anti-Drug Coalitions of America to provide for the
continuation of the National Community Anti-drug Coalition
Institute.'';
[(2) by striking subsection (b) and redesignating
subsections (c) and (d) as (b) and (c), respectively;
and
[(3) in subsection (c), as redesignated by paragraph
(2), by adding at the end the following:
[``(4) For each of the fiscal years 2008 through
2012, $2,000,000.''.]
* * * * * * *
TITLE XI--MISCELLANEOUS PROVISIONS
* * * * * * *
[SEC. 1105. MODEL ACTS.
[(a) In General.--The Director of the Office of National Drug
Control Policy shall provide for or shall enter into an
agreement with a non-profit corporation that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code to--
[(1) advise States on establishing laws and policies
to address alcohol and other drug issues, based on the
model State drug laws developed by the President's
Commission on Model State Drug Laws in 1993; and
[(2) revise such model State drug laws and draft
supplementary model State laws to take into
consideration changes in the alcohol and drug abuse
problems in the State involved.
[(b) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this subsection $1,500,000 for
each of fiscal years 2007 through 2011.]
* * * * * * *
[SEC. 1110. REQUIREMENT FOR SOUTHWEST BORDER COUNTERNARCOTICS STRATEGY.
[(a) In General.--Not later than 120 days after the date of
enactment of this Act, and every 2 years thereafter, the
Director of National Drug Control Policy shall submit to the
Congress a Southwest Border Counternarcotics Strategy.
[(b) Purposes.--The Southwest Border Counternarcotics
Strategy shall--
[(1) set forth the Government's strategy for
preventing the illegal trafficking of drugs across the
international border between the United States and
Mexico, including through ports of entry and between
ports of entry on that border;
[(2) state the specific roles and responsibilities of
the relevant National Drug Control Program agencies (as
defined in section 702 of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C.
1701)) for implementing that strategy; and
[(3) identify the specific resources required to
enable the relevant National Drug Control Program
agencies to implement that strategy.
[(c) Specific Content Related to Drug Tunnels Between the
United States and Mexico.--The Southwest Border
Counternarcotics Strategy shall include--
[(1) a strategy to end the construction and use of
tunnels and subterranean passages that cross the
international border between the United States and
Mexico for the purpose of illegal trafficking of drugs
across such border; and
[(2) recommendations for criminal penalties for
persons who construct or use such a tunnel or
subterranean passage for such a purpose.
[(d) Consultation with other agencies.--The Director shall
issue the Southwest Border Counternarcotics Strategy in
consultation with the heads of the relevant National Drug
Control Program agencies.
[(e) Limitation.--The Southwest Border Counternarcotics
Strategy shall not change existing agency authorities or the
laws governing interagency relationships, but may include
recommendations about changes to such authorities or laws.
[(f) Report to Congress.--The Director shall provide a copy
of the Southwest Border Counternarcotics Strategy to the
appropriate congressional committees (as defined in section 702
of the Office of National Drug Control Policy Reauthorization
Act of 1998 (21 U.S.C. 1701)), and to the Committee on Armed
Services and the Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed Services of the
Senate.
[(g) Treatment of Classified or Law Enforcement Sensitive
Information.--Any content of the Southwest Border
Counternarcotics Strategy that involves information classified
under criteria established by an Executive order, or whose
public disclosure, as determined by the Director or the head of
any relevant National Drug Control Program agency, would be
detrimental to the law enforcement or national security
activities of any Federal, State, local, or tribal agency,
shall be presented to Congress separately from the rest of the
strategy.
[SEC. 1110A. REQUIREMENT FOR NORTHERN BORDER COUNTERNARCOTICS STRATEGY.
[(a) Definitions.--In this section, the terms ``appropriate
congressional committees'', ``Director'', and ``National Drug
Control Program agency'' have the meanings given those terms in
section 702 of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1701).
[(b) Strategy.--Not later than 180 days after the date of
enactment of this section, and every 2 years thereafter, the
Director, in consultation with the head of each relevant
National Drug Control Program agency and relevant officials of
States, local governments, tribal governments, and the
governments of other countries, shall develop a Northern Border
Counternarcotics Strategy and submit the strategy to--
[(1) the appropriate congressional committees
(including the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives);
[(2) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Indian Affairs of the Senate; and
[(3) the Committee on Armed Services, the Committee
on Homeland Security, and the Committee on Natural
Resources of the House of Representatives.
[(c) Purposes.--The Northern Border Counternarcotics Strategy
shall--
[(1) set forth the strategy of the Federal Government
for preventing the illegal trafficking of drugs across
the international border between the United States and
Canada, including through ports of entry and between
ports of entry on the border;
[(2) state the specific roles and responsibilities of
each relevant National Drug Control Program agency for
implementing the strategy;
[(3) identify the specific resources required to
enable the relevant National Drug Control Program
agencies to implement the strategy; and
[(4) reflect the unique nature of small communities
along the international border between the United
States and Canada, ongoing cooperation and coordination
with Canadian law enforcement authorities, and
variations in the volumes of vehicles and pedestrians
crossing through ports of entry along the international
border between the United States and Canada.
[(d) Specific Content Related to Cross-border Indian
Reservations.--The Northern Border Counternarcotics Strategy
shall include--
[(1) a strategy to end the illegal trafficking of
drugs to or through Indian reservations on or near the
international border between the United States and
Canada; and
[(2) recommendations for additional assistance, if
any, needed by tribal law enforcement agencies relating
to the strategy, including an evaluation of Federal
technical and financial assistance, infrastructure
capacity building, and interoperability deficiencies.
[(e) Limitation.--
[(1) In general.--The Northern Border
Counternarcotics Strategy shall not change the existing
agency authorities and this section shall not be
construed to amend or modify any law governing
interagency relationships.
[(2) Legitimate trade and travel.--The Northern
Border Counternarcotics Strategy shall be designed to
promote, and not hinder, legitimate trade and travel.
[(f) Treatment of Classified or Law Enforcement Sensitive
Information.--
[(1) In general.--The Northern Border
Counternarcotics Strategy shall be submitted in
unclassified form and shall be available to the public.
[(2) Annex.--The Northern Border Counternarcotics
Strategy may include an annex containing any classified
information or information the public disclosure of
which, as determined by the Director or the head of any
relevant National Drug Control Program agency, would be
detrimental to the law enforcement or national security
activities of any Federal, State, local, or tribal
agency.]
* * * * * * *
----------
PUBLIC LAW 107-82
AN ACT To extend the authorization of the Drug-Free Communities Support
Program for an additional 5 years, to authorize a National Community
Antidrug Coalition Institute, and for other purposes.
* * * * * * *
[SEC. 4. AUTHORIZATION FOR NATIONAL COMMUNITY ANTIDRUG COALITION
INSTITUTE.
[(a) In General.--The Director of the Office of National Drug
Control Policy shall, using amounts authorized to be
appropriated by subsection (d), make a directed grant to
Community Anti-Drug Coalitions of America to provide for the
continuation of the National Community Anti-drug Coalition
Institute.
[(b) Use of Grant Amount.--The organization receiving the
grant under subsection (a) shall establish a National Community
Antidrug Coalition Institute to--
[(1) provide education, training, and technical
assistance for coalition leaders and community teams,
with emphasis on the development of coalitions serving
economically disadvantaged areas;
[(2) develop and disseminate evaluation tools,
mechanisms, and measures to better assess and document
coalition performance measures and outcomes; and
[(3) bridge the gap between research and practice by
translating knowledge from research into practical
information.
[(c) Authorization of Appropriations.--There is authorized to
be appropriated for purposes of activities under this section,
including the grant under subsection (a), amounts as follows:
[(1) For each of fiscal years 2002 and 2003,
$2,000,000.
[(2) For each of fiscal years 2004 and 2005,
$1,000,000.
[(3) For each of fiscal years 2006 and 2007,
$750,000.
[(4) For each of the fiscal years 2008 through 2012,
$2,000,000.]
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